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JOURNAL 



OF THE 

SENATE 

OF THE 

1999 GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



FIRST SESSION 
1999 



. 












This publication is printed on permanent, acid-free paper 
in compliance with the General Statutes of the State of North Carolina. 
550 copies of this publication were printed at a cost of $26.48 per copy. 



«5 






OFFICERS AND MEMBERS 

OF 

THE SENATE OF THE NORTH CAROLINA 

) GENERAL ASSEMBLY 

1999 SESSION 

DENNIS A. WICKER, President Sanford 

MARC BASNIGHT, President Pro Tempore Manteo 

FRANK W. BALLANCE, JR., Deputy President Pro Tempore Warrenton 

JANET B. PRUITT, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

CECIL GOINS, Sergeant-at-Arms Raleigh 

DISTRICT NAME OF SENATOR CITY OF RESIDENCE 

1 MARC BASNIGHT (D) Manteo 

2 FRANK W. BALLANCE, JR. (D) Warrenton 

3 BEVERLY EAVES PERDUE (D) New Bern 

4 PATRICK J. BALLANTINE (R) Wilmington 

5 CHARLES W. ALBERTSON (D) Beulaville 

6 R. L. MARTIN (D) Bethel 

7 LUTHER HENRY JORDAN, JR. (D) Wilmington 

8 JOHN H. KERR III (D) Goldsboro 

9 ED N. WARREN (D) Greenville 

10 ROY A. COOPER III (D) Rocky Mount 

11 ALLEN H. WELLONS (D) Smithfield 

12 DON W. EAST (R) Pilot Mountain 

VIRGINIA FOXX (R) Banner Elk 

13 WIB GULLEY (D) Durham 

JEANNE HOPKINS LUCAS (D) Durham 

14 BRAD MILLER (D) Raleigh 

ERIC MILLER REEVES (D) Raleigh 

15 OSCAR N. HARRIS (D) Benson 

16 ELEANOR KINNAIRD (D) Carrboro 

HOWARD N. LEE (D) Chapel Hill 

17 AARON W. PL YLER (D) Monroe 

WILLIAM R. PURCELL (D) : Laurinburg 



18 R. C. SOLES, JR. (D) Tabor City 

19 ROBERT G. SHAW (R) Greensboro 

20 HAMILTON C. HORTON, JR. (R) Winston-Salem 

LINDA GARROU (D) Winston-Salem 

21 HUGH WEBSTER (R) Yanceyville 

22 FLETCHER L. HARTSELL, JR. (R) Concord 

23 JIM W. PHILLIPS, SR. (D) Lexington 

24 ANTHONY E. RAND (D) Fayetteville 

25 DAVID W. HOYLE (D) Dallas 

26 AUSTIN M. ALLRAN (R) Hickory 

27 JOHN A. GARWOOD (R) North Wilkesboro 

KENNETH R. MOORE (R) Lenoir 

28 STEVE METCALF (D) Asheville 

CHARLES CARTER (D) Asheville 

29 DAN ROBINSON (D) Cullowhee 

30 DAVID F. WEINSTEIN (D) Lumberton 

3 1 WILLIAM N. MARTIN (D) Greensboro 

32 KAY R. HAGAN (D) Greensboro 

33 CHARLIE SMITH DANNELLY (D) Charlotte 

34 T. LAFONTINE ODOM, SR. (D) Charlotte 

35 ROBERT A. RUCHO (R) Matthews 

36 JOHN H. CARRINGTON (R) Raleigh 

37 WALTER DALTON (D) Rutherfordton 

38 BETSY L. COCHRANE (R) Advance 

39 JAMES FORRESTER (R) Stanley 

40 DANIEL G. CLODFELTER (D) Charlotte 

41 LARRY SHAW (D) Fayetteville 

42 ROBERT C. CARPENTER (R) Franklin 









SENATE JOURNAL 

1999 SESSION 



) 






FIRST DAY 



. 



Senate Chamber 
Wednesday, January 27, 1999 



In accordance with law, as set forth in the Constitution of the State of North Carolina 
and G.S. 120-11.1, the Senate of the General Assembly of North Carolina assembles this 
day at the hour of 12:00 Noon in the Senate Chamber of the Legislative Building in the 
City of Raleigh. 

The Honorable Dennis A. Wicker, Lieutenant Governor, calls the Senate to order. 

The President extends privileges of the floor to the spouses of the Senators-elect and to 
the individuals invited by a Senator-elect and requests that they be seated beside their 
spouse or host. 

The President recognizes the Sergeant-at-Arms of the 1 997 Session of the General 
Assembly who announces the presence of the Chief Justice of the Supreme Court of North 
Carolina, an Associate Justice (Ret.) of the Supreme Court of North Carolina, and a Judge 
of the North Carolina Court of Appeals at the doors of the Senate and await his direction. 
The President directs the Sergeant-at-Arms to open the doors of the Senate and to escort 
the members of the Judiciary to their seats. 

The President directs the Sergeant-at-Arms of the 1997 Session of the General 
Assembly to open the doors of the Senate and to escort the members of The University of 
North Carolina Loreleis to the Well of the Senate. 

The President introduces The Reverend Sally Bates, Associate Pastor of Hayes Barton 
Methodist Church, who is serving as Senate Chaplain for the 1999 Session of the General 
Assembly, who offers prayer as follows: 

"Gracious Lord God, as we open this Senate Session of the General Assembly and 
begin again our journey together, we recall how in the wilderness campaign, Moses 
watched as Joshua battled the Amalekites. Whenever Moses held up his hands, Joshua 
prevailed for Israel, and whenever Moses lowered his hands the enemy prevailed. But as 
the battle wore on, Moses' hands soon grew weary and so his brother, Aaron, and his 
assistant, Hur, held up his faltering hands, one on one side and one on the other, so that 
Moses' hands were steady until the going down of the sun. 

"How shall we prevail, Oh God, without these good people to sustain us, our families 
and colleagues who have gathered around us on this day and who sit, quite literally, to our 
left and to our right, to uphold us in our duties, to steady our hands, and to whisper words 
of encouragement for the long journey which lies ahead. They are your instruments of 
grace to us. May we always be worthy of their love and trust. 

"Bless this gathering of Your Public Servants, from the greatest to the least, with Your 
Spirit of Truth. Grant us wise, discerning hearts and keep us ever mindful that regardless 
of what the pollsters proclaim, it is You whom we are ultimately called to serve. For it is 
in Your Holy Name that we pray, Amen." 



6 SENATE JOURNAL [Session 

PRESENTATION OF THE COLORS 

The Chair orders the Sergeant-at-Arms of the 1997 Session to open the doors of the 
Chamber for the presentation of the Colors by the Color Guard Unit of the Army Junior 
ROTC, Plymouth High School, Plymouth, North Carolina. {See Appendix.) 

PLEDGE OF ALLEGIANCE 

Led by the Lieutenant Governor, the Senators-elect, distinguished guests, and all of 
those present remain standing and pledge allegiance to the flag of the United States of 
America. 

NATIONAL ANTHEM 

The President recognizes The University of North Carolina Loreleis, who sing the 
National Anthem. {See Appendix.) 

The President extends special privileges of the floor to Alisa O'Quinn Wicker, wife of 
the Lieutenant Governor. 

CALL OF THE ROLL 

The Chair directs the Reading Clerk of the 1997 Session to call the roll by Senatorial 
District, and the following Senators-elect appear with the proper certificates of election 
received from the Secretary of State, The Honorable Elaine Marshall: 

I, Elaine F. Marshall, Secretary of State of the State of North Carolina, do hereby 
certify that the State Board of Elections met Tuesday, the 24 th day of November, A.D., 
1998, in accordance with Chapter 163 of the General Statutes of North Carolina, at which 
time the Board did open, canvass and judicially determine the returns of votes cast in the 
election held on Tuesday, November 3 rd , 1998, and certified to me the persons duly 
elected as members of the Senate from the various Senate Districts comprising of more 
than one county, and all others have been certified to me in the abstracts by the State 
Board of Elections as having the highest number of votes cast in the election for the 
Senate from districts composed of one county only, for the General Assembly of 1999, to 
wit: 

DISTRICT NAME 

First District Marc Basnight 

Second District Frank W. Ballance, Jr. 

Third District Beverly Eaves Perdue 

Fourth District Patrick Ballantine 

Fifth District Charles W. "Charlie" Albertson 

Sixth District R. L. "Bob" Martin 

Seventh District Luther Henry Jordan, Jr. 

Eighth District John Kerr 

Ninth District Ed Warren 

Tenth District Roy Cooper 

Eleventh District Allen H. Wellons 

Twelfth District Don W. East 



Virginia Foxx 



January 27, 1999 



1999] 



SENATE JOURNAL 



Thirteenth District 

Fourteenth District 

Fifteenth District 
Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 

Twenty-first District 
Twenty-second District 
Twenty-third District 
Twenty-fourth District 
Twenty-fifth District 
Twenty-sixth District 
Twenty-seventh District 

Twenty-eighth District 

Twenty-ninth District 
Thirtieth District 
Thirty-first District 
Thirty-second District 
Thirty-third District 
Thirty-fourth District 
Thirty-fifth District 
Thirty-sixth District 
Thirty-seventh District 
Thirty-eighth District 
Thirty-ninth District 
Fortieth District 
Forty-first District 
Forty-second District 












Wib Gulley 

Jeanne H. Lucas 

Brad Miller 

Eric Miller Reeves 

Oscar Harris 

Ellie Kinnaird 

Howard Lee 

Aaron W. Plyler 

William R. "Bill" Purcell 

R. C. Soles, Jr. 

Robert G. "Bob" Shaw 

Linda Garrou 

Hamilton C. "Ham" Horton 

Hugh Webster 

Fletcher L. Hartsell, Jr. 

Jim Phillips 

Tony Rand 

David W. Hoyle 

Austin M. Allran 

John Garwood 

Kenneth R. Moore 

Charles Carter 

Steve Metcalf 

Dan Robinson 

David F. Weinstein 

William N. "Bill" Martin 

Kay R. Hagan 

Charlie Dannelly 

T. L. "Fountain" Odom 

Robert "Bob" Rucho 

John H. Carrington 

Walter H. Dalton 

Betsy L. Cochrane 

James "Jim" Forrester 

Daniel G. Clodfelter 

Larry Shaw 

Robert C. "Bob" Carpenter 


















S/Elaine F. Marshall 






Secretary of State 







IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. 
DONE IN OFFICE at Raleigh, this 20 th day of January, 1999. 



(SEAL) 



The President of the Senate recognizes The Honorable Burley B. Mitchell, Jr., Chief 
Justice of the Supreme Court of North Carolina, who administers the following Oath of 
Office, to which those present respond and subscribe: 

"I do solemnly swear or affirm that I will support the Constitution and laws of the 
United States, and I do solemnly and sincerely swear or affirm that I will be faithful and 
bear true allegiance to the State of North Carolina, and to the constitutional powers and 



January 27, 1999 



8 SENATE JOURNAL [Session 

authorities which are or may be established for the government thereof; and that I will 
endeavor to support, maintain, and defend the Constitution and laws of said State, not 
inconsistent with the Constitution of the United States, to the best of my knowledge and 
ability; and I do solemnly and sincerely swear or affirm that I will faithfully discharge the 
duties of my office as a member of the Senate of the 1999 General Assembly of the State 
of North Carolina to the best of my knowledge and ability, so help me, God." 

With fifty Senators answering the call of the roll, the President declares a quorum 
present and qualified. 

The President extends the privileges of the floor to Congresswoman Eva Clayton and 
to The Honorable Elaine F. Marshall, Secretary of State and former State Senator. 
Courtesies of the gallery are extended to The Honorable Robert B. Morgan, father-in-law 
of Senator Reeves and former U.S. Senator, North Carolina Attorney General, and State 
Senator. 

ORGANIZATION OF THE SENATE 

The President announces that the Senate stands ready to proceed with the election of 
officers, and declares the floor open for nominations for President Pro Tempore of the 
Senate, pursuant to Article II, Section 14(1) of the North Carolina Constitution. 

The President recognizes Senator Martin of Pitt who offers the following nomination 
and remarks: 

"Thank you Mr. President. Ladies and Gentlemen of the Senate, I rise to nominate our 
good friend, our President Pro Tern, and our leader for the last six years as President Pro 
Tern of the 1999-2000 Session of the General Assembly. This, Mr. President, is going to 
be an historic Session, not only for Marc, but for this Body in that after these next two 
years, he will have served longer than any President Pro Tern of the State Senate. It's not 
by chance that Marc has served this long as our leader. He has earned the right to lead this 
Body. He's done it in an old fashioned way, he worked for it. In the Senate, he did an 
excellent job. Any man that can put together two budgets, take it to the House and get it 
approved without too much quibbling, has got to be good. Marc's performance in these 
roles was outstanding and it claimed the attention of the leadership. In 1991, the President 
Pro Tempore at that time, State Senator Henson Barnes of Wayne County, called on Marc 
as the President Pro Tern of the Senate, and the rest of the story, as Paul Harvey would 
say, is history. Marc has been the author of several legislative efforts that have caught our 
attention, the author of the Clean Water Trust Fund with a dedicated source of income 
which was quite unusual, the Clean Water Responsibility Act. He's been voted for several 
times the most effective Senator in this Body; he has been a proponent of good jobs and 
especially a proponent of not only secondary higher education, but higher education in the 
State of North Carolina. He has had many other honors, too numerous to try to enumerate 
here at this time. As President of this Body and as a leader of this Body and the desire to 
promote good government, Marc on his own accord, he's traveled this State, length and 
breath of it promoting good government and the State Senate and our cause. He's 
stopped, he's made speeches, he's stopped by every filling station, every restaurant, or 
convenient market he could find a crowd to talk to and discuss state government with 
them. And his knowledge is from the man on the street, as well as from inside the 
beltline. That's one thing that helps him a great deal. His door is always open to every 
member of this Body, as you know already. Those of you who are new, I can assure you 
that he's instructed his staff, when you call to let him know that you are on the phone and 

January 27, 1999 



1999] SENATE JOURNAL 9 

he will be with you, which is quite unusual for a man in a big job. When we are in doubt, 
we, every team, as you know when the score is tied the minutes are getting short and we 
need a man to go to, they always pick out a man to go to with the basketball. And this is 
true with Marc. In our times when we need more, when we need some guidance and some 
counseling, he's our go-to candidate. Marc, we need Marc to continue this splendid 
leadership that he has provided for us during the past six years and Ladies and Gentlemen 
of the Senate, I nominate our friend Senator Marc Basnight for the Office of President 
Pro Tern of the North Carolina Senate for the 1999 General Assembly, and I urge your 
unanimous support for this nomination. Thank you." 

The President recognizes Senator Martin of Guilford who seconds the nomination and 
offers the following remarks: 

"Thank you, Mr. President. Members of the Senate and guests, Senator Marc Basnight 
has given this Body and the State of North Carolina, tremendous leadership in times that 
have been difficult and turbulent and in times of plenty, and times of celebration, and he 
has done a tremendous job at doing so. I would also say to you that he has led this Body, 
the North Carolina Senate, in a manner that has exhibited understanding, compassion, and 
we've depended upon his great ability and strength in providing the type of leadership that 
we need. He's been able to develop the types of consensus and civility, maintaining 
civility which is important in these days in this Body. As a result of his strong leadership, 
the members of this great North Carolina Senate are proud to have him as our leader and 
as our friend, and I am very proud and honored to second the nomination of Senator Marc 
Basnight as President Pro Tempore of the North Carolina Senate for the 1999-2000 
Session of the North Carolina General Assembly. Thank you." 

"Mr. President, might I also be recognized to move that the nomination of Senator 
Marc Basnight as President Pro Tempore be closed, that it be closed on the said one name, 
and he be nominated and elected by acclamation." 

The motion offered by Senator Martin of Guilford that the nominations be closed and 
that Senator Marc Basnight be elected President Pro Tempore by acclamation prevails. 

The President declares Senator Basnight elected President Pro Tempore and appoints 
Senator Hoyle of Gaston, Senator Lucas of Durham, Senator Perdue of Craven, and 
Senator Soles of Columbus to escort the President Pro Tempore-decl to the Well of the 
Senate. Senator Hoyle presents Senator Basnight to the President. The Sergeant-at-Arms 
escorts Senator Basnight' s daughter, Vickie Basnight, to the Well of the Senate to join 
Senator Basnight as he receives the Oath of Office. The Honorable Burley B. Mitchell, 
Jr., Chief Justice of the Supreme Court of North Carolina administers the prescribed Oath 
of Office. 

The President recognizes Senator Marc Basnight, President Pro Tempore, who 
addresses the membership from the Well of the Senate and offers the following remarks: 

"Thank you Chief Justice Mitchell. Many thanks to my good Senate friends, Bill 
Martin and Senator Bob Martin, my seatmate for many years, my escort committee 
composed of Senators Hoyle, Lucas, Perdue, and Soles. 

"Welcome to all of you, Senators, and thank you for joining me as members of the 
1999-2000 General Assembly - the last of this century. 

"After the Duke-St. John's game on Sunday, I went to walk on the beach and enjoyed 
some of the... of the ocean that particular day, but because of the reminding of the Duke 

January 27, 1999 



10 SENATE JOURNAL [Session 

game, one of our good Senate members was telling me that he was happy, and this 
particular member, Senator Horton, was a graduate of Carolina, that Duke had won. The 
reason he was so happy, he did not want to see Duke have two games in a row losing in 
mid-season. 

"I know, as you know, how hard all of you have worked to get here today. And I 
know that the reason for all that hard work is your desire to do what is right and what is 
good for our State. So let me be the first to congratulate you and your families and my 
family. Yet even with all the excitement of this opening day with our friends and families 
here, we should take a moment to remember those who have gone before us - those 
leaders who have made great contributions to this State. 

"But we also should remember that North Carolina will enter the new millennium on 
our watch, and that in the days and weeks ahead of us we will make our own legacy as 
leaders. What legacy will that be? Certainly the promise of our future is unlimited. But 
we will never make good on that promise if we keep our eyes on the day-to-day struggles 
that occupy so much of our time here. Instead, I challenge you - no, I dare you - to look 
beyond those struggles and think of the future during this season. Think of the children 
here in this Chamber and the thousands of other children across this State, Senator Perdue, 
and the love that so many of you have for their future and what they will become. Soon, 
all of us will be gone and they will be in our place, looking back on our work, taking our 
measure as leaders and asking 'How well did they do in paving the way for our future?' 
So far, I think we are doing a pretty good job. 

"We have made tremendous progress in our schools. North Carolina's test scores 
gained more than any other schools in the Nation last year. Our teachers' salaries are on 
their way to the national average next year as well. Our good schools are rewarded for 
success, and our struggling schools get extra help so our children can learn equally so. At 
the same time, crime is falling in our streets and our schools are safer today. All across 
North Carolina, people are coming together to assure that our young children are healthy 
and ready to start school. So we have much to be proud of, but there is much more to be 
done. 

"We must continue to work to provide the best education possible to North Carolina's 
sons and daughters - all of them, no matter what age, no matter what race, no matter how 
poor or how rich, no matter where they live. We must be able to say to them 'If you work 
hard and study and do your part, we will do our part so that you can get a good education. 
We will make it possible for you to go to a State University or a Community College so 
that you can gain a share of the prosperity that North Carolina is now enjoying.' 

"Keeping our part of that bargain will be a challenge. More than 25,000 new children 
will join 1.2 million children in North Carolina public schools this year. More than a 
quarter of a million students will enroll at our universities and community colleges by the 
year 2005. All of these students need books, good teachers, computers if they are to 
compete in the next century's economy. 

"Now let me stop here and say that recently there's been a lot of talk about tax 
increases and budget shortfalls and predictions about the state budget. But I want to be 
perfectly clear about something. Last year many of us made a promise to voters that we 
would improve this State's schools by raising teachers' salaries, increasing accountability, 
and helping prepare North Carolina's preschoolers for kindergarten. Y'all can talk about 
budget projections and recurring dollars and continuation budgets until the cows come 
home, but we will keep that promise before this session ends. It's that simple. 

"When I was first elected to this office upon your agreement in 1993, North Carolina 
was just turning the corner from one of its worst financial times ever. It was a time of 
worry and fear and concern of the future for all of us jointly together. Six years later, 
North Carolina thrives as we see and experience it today. We have the lowest 

January 27, 1999 



1 999] SENATE JOURNAL 1 1 

unemployment rates in decades, and we are among the Nation's leaders in industry, in 
population growth, and in higher education. 

"Today, I ask you to look with me to the next century and vow that we will again 
make the rigfit decisions, the courageous ones. We must keep the course we have set. We 
must educate our children and preserve our heritage. We must be strong in protecting the 
environment that we all cherish and love so very much, and we must reach our hand out to 
those who cannot help themselves. 

"If we do those things, then the children of today - the Senators and Representatives of 
tomorrow - will look back and say of us, 'Those men and women were not just politicians, 
they were stewards of the future' and they, those future leaders, will in turn be inspired to 
protect and preserve what we have given them. And that, my fellow Senators, will be our 
legacy, that by keeping our eyes on the future, we inspired those who came after us to do 
the same. 

"Thank you for electing me your leader. And again, congratulations to each and every 
one of you and God's speed in your endeavors." 

Privileges of the floor are extended to Mrs. Lou Mitchell, wife of Chief Justice 
Bur ley B. Mitchell, Jr., and to Ben King, serving as interpreter in the Senate. 

ADOPTION OF RULES 



Senator Rand submits S.R. 1, A SENATE RESOLUTION ADOPTING THE 
PERMANENT RULES OF THE SENATE FOR THE REGULAR SESSIONS OF THE 
1999 GENERAL ASSEMBLY OF NORTH CAROLINA, for adoption. Upon motion of 
Senator Rand, S.R. 1 is placed before the Senate for immediate consideration. Senator 
Rand explains the following Rules which are revised from the 1997 Senate Rules: Senate 
Rules 2, 15, 17, 23, 29(h), 30, 32, 36, 39(a), 40(a), 40.1, 41, 42.1, 42.3 A, 42.3B, 47, 53, 
57, 60, 63, 66, 71, 74, and 76. 

Upon motion of Senator Rand, the resolution is adopted (50-0). 

The text of the Resolution is as follows: 

Be it resolved by the Senate: 

Section 1 . The permanent rules for the Regular Sessions of the Senate 
shall be as follows: 

PERMANENT RULES OF 

THE REGULAR SESSIONS OF THE SENATE 

1999 GENERAL ASSEMBLY OF NORTH CAROLINA 

I. Order of Business, Rules 1 -7 

II. Conduct of Debate, Rules 8- 1 7 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30 

V. Committees, Rules 3 1-37 

VI. Handling Bills, Rules 38-59.2 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-77. 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its 
committees. — The following rules shall govern and control all actions and procedures of 
the Senate and its committees. 

RULE 2. Convening hour. ~ The Presiding Officer shall take the Chair at 
the hour fixed by the Senate upon adjournment on the preceding legislative day, and shall 
call the members to order. In case the Senate adjourned on the preceding legislative day 

January 27, 1999 



12 SENATE JOURNAL [Session 

without having fixed the hour of reconvening, the Senate shall reconvene on the next 
legislative day at 2:00 p.m., except that if the next legislative day is Monday, time for 
convening shall be 7:00 p.m. 

RULE 3. Opening the session. -- The Presiding Officer shall, upon order 
being obtained, have the sessions of the Senate opened with prayer. 

RULE 4. Convening and presiding in absence of President. — In the 
absence of the President, the President Pro Tempore shall convene or reconvene the 
Senate and preside, and during such time shall be vested with all powers of the President 
except that of casting a vote in case of tie when he has already voted on the question as a 
Senator. In the event of the absence of the President and President Pro Tempore at any 
time fixed for the reconvening of the Senate, the Deputy President Pro Tempore of the 
Senate, the Principal Clerk of the Senate, or in their absence also, the Chairman of the 
Senate Committee on Rules and Operations of the Senate, shall call the Senate to order 
and designate some member to act as Presiding Officer. 

RULE 5. Quorum. -- (a) A quorum consists of a majority of all the qualified 
members of the Senate. 

(b) When a lesser number than a quorum convenes, the Senators present may 
send the Sergeant-at-Arms or any person, for any or all absent Senators, as a majority of 
the Senators present determines. 

RULE 6. Approval of Journal. ~ After the prayer, and upon appearance of a 
quorum, the Presiding Officer shall cause the Journal of the preceding day to be read and 
approved, unless the President Pro Tempore or, in his absence, the Deputy President Pro 
Tempore of the Senate or some member of the Senate by motion sustained by a majority 
of the members present, has the reading thereof dispensed with and the same approved as 
written. 

RULE 7. Order of business. — After approval of the Journal, the order of 
business shall be as follows: 

( 1 ) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Veto Messages from the Governor. 

(6) Unfinished business of preceding day. 

(7) Special orders. 

(8) General orders: 

a. Local bills in numerical order, Senate bills first. 

1. Third reading roll call and electronic voting system 
votes. 

2. Second reading roll call and electronic voting system 
votes. 

3. Second reading viva voce. 

4. Third reading viva voce. 

b. Public bills in numerical order, Senate bills first. 

1. Third reading roll call and electronic voting system 
votes. 

2. Second reading roll call and electronic voting system 
votes. 

3. Second reading viva voce. 

4. Third reading viva voce. 
II. Conduct of Debate 

RULE 8. Presiding Officer to maintain order. -- The Presiding Officer 
shall have general direction of the Hall of the Senate and shall be authorized to take such 

January 27, 1999 



1 999] SENATE JOURNAL 1 3 

action as is necessary to maintain order, and in case of any disturbance or disorderly 
conduct in the galleries or lobbies, he shall have the power to order those areas cleared. 

RULfe 9. Substitution for Presiding Officer. - The Presiding Officer, while 
in the Senate Chamber, shall have the right to call on any member of the Senate to perform 
the duties of the Chair. 

RULE 10. Points of order. — (a) The Presiding Officer shall preserve order 
and decorum and proceed with the business of the Senate according to the rules adopted. 
He shall decide all questions of order, subject to an appeal to the Senate by any member, 
on which appeal no member shall speak more than once unless by leave of the Senate. A 
two-thirds vote of the membership of the Senate present and voting is necessary to sustain 
any appeal from the ruling of the Presiding Officer. 

(b) In the event the Senate Rules do not provide for, or cover any point of 
order raised by any Senator, the rules of the United States House of Representatives shall 
govern. 

(c) When a Senator is called to order he shall take his seat until the Presiding 
Officer determines whether he was in order or not; if decided to be out of order, he shall 
not proceed without the permission of the Senate; and every question of order shall be 
decided by the Presiding Officer, subject to an appeal to the Senate by any Senator; and if 
a Senator is called to order for words spoken, the words to which an exception is made 
shall be immediately taken down in writing by the Principal Clerk, so that the Presiding 
Officer or Senate may be better able to judge the matter. 

RULE 11. Debating and voting by Lieutenant Governor. - The 
Lieutenant Governor, as President of the Senate, being a Constitutional Officer shall not 
have the right to debate any question or to address the Senate upon any proposition unless 
by permission of the majority of members present and shall have the right to vote only 
when there is a tie vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to speak 
in debate or deliver any matter to the Senate, he shall rise from his seat and respectfully 
address the Presiding Officer. No member shall speak further until recognized by the 
Presiding Officer. The Presiding Officer shall recognize the first to rise and, when two or 
more members rise at the same time, the Presiding Officer shall name the member to 
speak. 

(b) A Senator who has the floor may yield the floor to another Senator only 
for the purpose of allowing another Senator to state a question. Only the Presiding Officer 
may award the floor to any Senator. 

(c) A Senator who has obtained the floor may be interrupted only for the 
following reasons: 

( 1 ) A request that the member speaking yield for a question, 

(2) A point of order, or 

(3) A parliamentary inquiry. 

(d) When a Senator refers to a bill, the bill number and short title must be 
used. 

RULE 13. (Reserved for future use). 

RULE 14. Limitations on individual debate. - (a) No Senator shall speak 
on the same reading more than twice on the main question, nor longer than 30 minutes for 
the first speech and 1 5 minutes for the second speech. No Senator shall speak on the same 
reading more than once on any motion or appeal, and then no longer than 10 minutes. 

(b) By permission of the Presiding Officer, any member of the Senate may 
address the Senate from the well of the Senate. 

RULE 15. Questions of personal privilege. ~ Upon recognition by the 
Presiding Officer for that purpose, any Senator may as the last order of the Senate's 
business that day speak to a question of personal privilege for a time not exceeding three 

January 27, 1999 



14 SENATE JOURNAL [Session 

minutes. Personal privilege may not be used to explain a vote, debate a bill, or in any way 
disrupt the regular business of the Senate. Personal privilege shall not be used to solicit 
support or sponsors for any bill. The Presiding Officer shall determine if the question 
raised is one of privilege and shall, without the point of order being raised, enforce this 
rule. 

RULE 16. (Reserved for future use). 

RULE 17. General decorum. - (a) Male Senators and male visitors shall 
uncover their heads upon entering the Senate Chamber while the Senate is in session and 
shall continue uncovered during their continuance in the Chamber, unless one's religion 
requires his head to be covered. 

(b) No derogatory remark reflecting personally upon any Senator shall be in 
order upon the floor of the Senate unless preceded by a motion or resolution of censure. 

(c) When the Presiding Officer is putting a question, or a division by 
counting is in progress, no Senator shall walk out of or across the Chamber, nor when a 
Senator is speaking, pass between him and the Presiding Officer. 

(d) When a motion to adjourn or for recess is affirmatively determined, no 
member or officer shall leave his place until adjournment or recess is declared by the 
Presiding Officer. 

(e) Smoking shall not be allowed in the galleries of the Senate during 
sessions. 

(f) No remark soliciting the donation of funds for the support of any person 
or organization shall be in order upon the floor of the Senate, unless the remark has some 
relevance to a bill or resolution before the body. No article of any kind soliciting business 
or donations may be placed by any person anywhere in the Senate Chamber or in any 
Senate office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on 
the floor or in the galleries; however, after the Senate has remained in session for a period 
of one hour, food and beverage shall be allowed upon the floor of the Senate. 

(h) Reading of newspapers, magazines, periodicals, or books shall not be 
acceptable while the Senate is in session. This rule does not prohibit the use of quotations 
during debate or for personal privilege. 

(i) The operation of wireless telephones on the floor or in the gallery is 
prohibited while the Senate is in session. 

(j) No member of the Senate shall place any item on another Senator's 
chamber desk or in another Senator's office unless the item conspicuously displays the 
name of the Senator placing the item. 

III. Motions 

RULE 18. Motions generally. -- Any motion shall be reduced to writing, if 
requested by the Presiding Officer or a Senator, and read by the Presiding Officer or 
Reading Clerk before the same is debated. Any motion may be withdrawn by the 
introducer at any time before decision or amendment. No motion relating to a bill shall be 
in order which does not identify the bill by its number and short title. Except as otherwise 
specifically provided in these rules, no second is required. 

RULE 19. Motion; order of precedence. — When a question is before the 
Senate no motion shall be received except those herein specified, which motions shall 
have precedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

January 27, 1999 



1 999] SENATE JOURNAL 1 5 

(7) To colnmit to a select committee. 

(8) To amend. 

RULE 20. Motions requiring a second. — The motions to adjourn, to lay on 
the table, and to call for the previous question shall be seconded and decided without 
debate. 

RULE 21. Motions to postpone to certain day and to commit. - The 
respective motions to postpone to a certain day or to commit to a standing or select 
committee shall preclude debate on the main question. 

RULE 22. Motion to substitute. ~ Subject to Rule 19, a member may offer a 
motion to substitute to any motion, except the motions for the previous question, to table 
or to adjourn. No motion to substitute shall be offered to a motion to substitute. 

RULE 23. Motion for previous question. - (a) The previous question may 
be moved upon a pending single motion, any pending amendment or amendments, and/or 
the pending bill to its passage on that reading or all readings or the pending resolution to 
its adoption. An authorized Senator moving the previous question shall specify to what 
the motion applies. Unless specifically limited, the motion shall be deemed to apply to the 
bill or resolution along with any pending amendments to its passage. 

(b) The previous question shall be as follows: "Shall the main question be 
now put?" and until it is decided shall preclude all amendments and debate. If this 
question is decided in the affirmative, the "main question" shall be on the passage of the 
bill, resolution, or other matter under consideration; but when amendments are pending, 
the question shall be taken upon such amendments in their inverse order, without further 
debate or amendment. 

(c) Only one of the following Senators may move the previous question: 

(1) The chairman of the committee submitting the report on the bill or other 

matter under consideration, 

(2) The member introducing the bill or other matter under consideration, 

(3) The member in charge of the measure, who shall be designated by the 
chairman of the committee reporting the same to the Senate at the time the bill or other 
matter under consideration is reported to the Senate or taken up for consideration, or 

(4) The Chairman of the Committee on Rules and Operations of the Senate. 
RULE 24. Motion to reconsider. — (a) When a question has been once put 

and decided, any Senator who voted in the majority may move to reconsider the vote 
thereof. No motion for the reconsideration of any vote shall be in order after the bill, 
resolution, or other matter upon which the vote was taken has gone out of the possession 
of the Senate. No motion for reconsideration shall be in order unless made on the same 
day or in the next following legislative day on which the vote took place. When the next 
legislative day has by motion of the Senate been restricted as to matters which may be 
considered, a motion to reconsider shall be in order on the next succeeding day upon 
which regular business is conducted. No question shall be reconsidered more than once. 

(b) Notwithstanding subsection (a) of this rule, a motion to reconsider is in 
order at any time if made by the Chairman or, in his absence, the Vice-Chairman of the 
Committee on Rules and Operations of the Senate for the sole purpose of correcting 
grammatical errors in bills in the possession of the Senate. 

IV. Voting 

RULE 25. Use of electronic voting system. ~ (a) Votes on the following 
questions shall be taken on the electronic voting system, and the ayes and noes shall be 
recorded on the Journal: 

(1) All questions on which the Constitution of North Carolina requires that 

the ayes and noes be taken and recorded on the Journal; 

(2) All questions on which a call for the ayes and noes under Rule 26(b) has 

been sustained; 

January 27, 1999 



16 SENATE JOURNAL [Session 

(3) Second and third readings of bills proposing amendment of the 

Constitution of North Carolina; and 

(4) The vote on approval of a bill that was vetoed by the Governor. 

(b) Votes on the following questions shall be taken on the electronic voting 
system, and the resulting totals shall be recorded on the Journal: 

(1) Second reading of all public bills, all amendments to public bills 
offered after second reading, third reading if a public bill was amended 
after second reading, and all conference reports on public bills. 

(2) Any other question upon direction of the Presiding Officer or upon 

motion of any Senator supported by one-fifth of the Senators present. 

(c) When the electronic voting system is used, the Presiding Officer shall fix 
and announce the time, not to exceed one minute, which shall be allowed for voting on the 
question before the Senate. The system shall be set to lock automatically and to record the 
vote when that time has expired. Once the system has locked and recorded a vote, the 
vote shall be printed by the system. 

(d) The voting station at each Senator's desk in the Chamber shall be used 
only by the Senator to whom the station is assigned. Under no circumstances shall any 
other person vote at a Senator's station. It is a breach of the ethical obligation of a Senator 
either to request that another vote at the requesting Senator's station, or to vote at another 
Senator's station. The Presiding Officer shall enforce this rule without exception. 

(e) When the electronic voting system is used, the Presiding Officer shall 
state the question and shall then state substantially the following: "All in favor vote 'aye'; 

all opposed vote 'no'; seconds will be allowed for voting on this question; the Clerk 

will record the vote." After the machine locks and records the vote, the Presiding Officer 
shall announce the vote and declare the result. 

(f) One copy of the machine printout of the vote record shall be filed in the 
office of the Principal Clerk, and one copy shall be filed in the Legislative Library where 
it shall be open to public inspection. 

(g) When the Presiding Officer ascertains that the electronic voting system is 
inoperative before a vote is taken or while a vote is being taken on the electronic system, 
he shall announce that fact to the Senate, and any partial electronic system voting record 
shall be voided. In such a case, if the Constitution of North Carolina or the Rules of the 
Senate require a call of the ayes and noes, the Clerk shall call the roll of the Senate, and 
the ayes and noes shall be taken manually and shall be recorded on the Journal. All other 
votes shall be taken as prescribed in Senate Rule 26. If, after a vote is taken on the 
electronic system, it is discovered that a malfunction caused an error in the electronic 
system printout, the Presiding Officer shall direct the Reading Clerk and the Principal 
Clerk to verify and correct the print-out record and so advise the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the 
electronic system (the identification codes having no relation to the order of precedence of 
motions), the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 

10. Miscellaneous. 

January 27, 1999 



1 999] SENATE JOURNAL 1 7 

RULE 26. Voice votes; call for ayes and noes. - (a) When the electronic 
voting system is not used, all votes on which a call of the roll of the Senate is not required 
shall be taken by voice vote. The question shall be put as follows: "Those in favor say 
'aye'," and, after the affirmative vote is expressed, "Opposed 'no'"; after which the 
Presiding Officer shall announce the result. If a division on any vote is desired, it must be 
called for immediately before the result of the voting is announced on any question, and 
upon such call, the Presiding Officer shall require the members to stand and be counted for 
and against the proposition under consideration. 

(b) The ayes and the noes may be called for on any question before the vote 
is taken. If a Senator desires the ayes and noes recorded on the Journal on a question, he 
shall address the Presiding Officer and obtain recognition and say, "Upon that question I 
call for the ayes and noes." Whereupon the Presiding Officer shall say, "Is the call 
sustained?" If one-fifth of the remaining Senators present then stand, the vote shall be 
taken on the electronic voting system if it is operative, and the ayes and noes shall be 
recorded on the Journal. If the electronic voting system is inoperative, the roll of the 
Senate shall be called and the ayes and noes taken manually and recorded on the Journal. 
If fewer than one-fifth of the Senators present stand to sustain the call, the Presiding 
Officer shall announce, "An insufficient number up" and a vote by electronic voting or by 
voice, whichever is appropriate under the Rules of the Senate, shall be taken. 

RULE 27. Pairs. - (a) If a Senator is paired with another Senator on a 
question, the Senator shall announce the pair as follows: "Mr. President, I desire to 

announce a pair. If Senator were present, he would vote ; I would vote 

(the opposite)." The Senator shall send forward at that time a written statement of 

the pair on a form provided by the Principal Clerk and neither member of the pair shall 
vote on the question. A pair shall be announced before the vote is taken viva voce, or if 
the electronic voting system is used, before the machine is unlocked. The Clerk shall 
record the pair on the Journal when the Constitution or Rules of the Senate require a call 
of the roll and shall record on the electronic system printout all pairs announced. 

(b) This rule does not apply to committee or subcommittee proceedings. 

RULE 28. Dividing question. — (a) If any question contains several distinct 
propositions, a Senator may move that the question be divided. The motion shall: 

(1) Be in writing, 

(2) Be submitted to the Principal Clerk at the time the motion is made, and 

(3) Clearly state how the question is to be divided. 

The motion shall be adopted by majority vote of the Senators present and 
voting. 

(b) If the motion to divide the question is adopted, then there shall be no 
further amendment or debate on any of the distinct propositions. 

(c) If the question is divided and any part thereof fails, then the bill or 
resolution and any pending amendments shall be removed from the calendar and re- 
referred to the committee from which the bill or resolution was reported. 

(d) Only one motion to divide the question shall be in order during 
consideration of a bill or resolution. 

RULE 29. Duty to vote; excuses. -- (a) Every Senator who is within the 
Senate Chamber when the question is stated by the Presiding Officer shall vote thereon 
unless he is excused by the Senate. 

(b) A Senator who is a member of a committee shall, upon request, be 
excused from deliberations and voting on the bill while it is before the committee. The 
Senator must make the request to the chair of the committee when the bill is first taken up 
for consideration and before any motion or vote on the bill or any amendment to the bill. 
The Senator making the request for excuse in committee must renew his request for 
excuse on the floor of the Senate as set forth in this rule. 



January 27, 1999 



18 SENATE JOURNAL [Session 

(c) Any Senator may move to be excused at any time from voting on any 
matter. The Senator may make a brief statement of the reasons for the motion which 
question shall be taken without debate on the motion. 

(d) The Senator may send forward to the Principal Clerk, on a form provided 
by the Clerk, a concise statement of the reason for the motion, and the Clerk shall include 
this statement in the Journal. 

(e) The Senator so excused shall not debate the bill or any amendment to the 
bill, vote on the bill, offer or vote on any amendment to the bill, or offer or vote on any 
motion concerning the bill at that reading, any subsequent reading, or any subsequent 
consideration of the bill. 

(f) A Senator may move that his excuse from deliberations on a particular bill 
be withdrawn, which question shall be determined without debate. 

(g) A motion to be excused or for the withdrawal of an excuse shall be taken 
without debate. 

(h) A motion by any Senator to change that Senator's vote must be made on 
the same legislative day as the vote is taken. 

RULE 30. Explanation of vote. - Any Senator may, as the last order of the 
Senate's business that day, explain his vote on any bill that day by obtaining permission of 
the Presiding Officer after the final vote is taken. No more than three minutes shall be 
consumed in such explanation. 

V. Committees 
RULE 31. Appointment of committees. - The President Pro Tempore of 
the Senate shall have the exclusive right and authority to appoint the membership of all 
committees, regular and select, and to appoint committee chairmen and vice-chairmen and 
to establish select committees, but this does not exclude the right of the Senate by 
resolution to establish select committees. Upon the recommendation of the Committee on 
Rules and Operations of the Senate, the Senate may authorize by majority vote of the 
Senators present and voting a change in the number of standing committees. 

RULE 32. List of standing/select committees. - (a) The standing 
committees shall be: 

Agriculture/Environment/Natural Resources 
Appropriations/Base Budget 

Appropriations on Department of Transportation 
Appropriations on Education/Higher Education 
Appropriations on General Government 
Appropriations on Human Resources 
Appropriations on Justice and Public Safety 
Appropriations on Natural and Economic Resources 
Children & Human Resources 
Commerce 

Education/Higher Education 
Finance 
Health Care 

Information Technology 
Insurance 
Judiciary I 
Judiciary II 

State and Local Government 
Pensions & Retirement and Aging 
Rules and Operations of the Senate 
Transportation 
Ways & Means. 

January 27, 1999 



1 999] SENATE JOURNAL 1 9 

(b) The select committees shall be: 
Tobacco Settlement Issues 

RULE 33. Notice of committee meetings. -- (a) Public notice of all 
committee meetings shall be given in the Senate. The required notice may be waived as to 
any meeting by the attendance at that meeting of all of the members of the committee, or 
by personal waiver. 

(b) The chairman of the committee shall notify or cause to be notified the 
sponsor of each bill which is set for hearing or consideration before the committee as to 
the date, time, and place of that meeting. 

(c) The published calendar shall reflect those committee notices received in 
the Office of the Principal Clerk prior to 3:30 p.m. or as announced in the daily session. 

RULE 34. Membership of committees; quorum. -- (a) Membership on 
standing committees shall consist of not more than 20 nor fewer than five Senators, 
including the chairmen and vice-chairmen and ranking minority members; provided that: 

(1) The Appropriations/Base Budget and Finance Committee shall not be 
limited as to membership, and 

(2) The Commerce Committee shall consist of 22 members. 

The President Pro Tempore shall have the exclusive right and authority to determine the 
total number of members and the number of members of each political party of each 
committee. No Senator shall hold membership on more than 12 standing committees 
unless the Committee on Rules and Operations of the Senate provides otherwise. 

A quorum of the Appropriations/Base Budget, Ways and Means, and Finance 
Committees shall consist of a majority of the committee. A quorum of any other 
committee shall consist of either the chairman and five members or a majority of the 
committee, whichever is fewer. 

(b) The President Pro Tempore may serve as an ex officio member of each 
Senate committee and subcommittee. 

RULE 35. Roll call vote in committee. -- No roll call vote may be taken in 
any committee. The committee chairman may vote in committee. 

RULE 36. Standing committee and standing subcommittee meetings. -- 
No committee or subcommittee shall hold a secret meeting. All meetings of committees 
and subcommittees shall be open to the public, except as provided in G.S. 143- 
318.14A(e). In no event shall final action be taken by any committee or subcommittee 
except in open session. 

RULE 36.1. Committee minutes to Legislative Library. -- The chairman of 
a committee shall insure that written minutes are compiled for each of the committee's 
meetings. The minutes shall indicate the number of members present and the actions 
taken by the committee at the meeting. Not later than 30 days after the adjournment of 
each session of the General Assembly, the chairman shall deliver the minutes to the 
Legislative Library. The President Pro Tempore of the Senate may grant a reasonable 
extension of time for filing said minutes upon application of the committee chairman. 

RULE 37. (Reserved for interim operations rule). 
VI. Handling Bills 

RULE 38. Application of rules. — All provisions of these rules applying to 
bills shall apply also to resolutions, memorials, and petitions. 

RULE 39. Form and copies of bills. -- (a) Unless variation is authorized by 
the Committee on Rules and Operations of the Senate, bills submitted for introduction 
shall be in a computer-typed form prepared by the Legislative Services Office and 
approved by the Committee on Rules and Operations of the Senate. 

(b) Whenever a bill is introduced, 25 copies shall be submitted to the 
Principal Clerk. Any bill submitted without the required number of copies shall be 
immediately returned to the introducer. 

January 27, 1999 



20 SENATE JOURNAL [Session 

RULE 39.1. Public and local bills; availability of copies of bills. -- A 

public bill is a bill affecting 15 or more counties. A local bill is one affecting fewer than 
15 counties. No public bill and, upon objection by a member, no local bill may be 
considered unless copies of the bill have been made available to the entire membership of 
the Senate. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction shall 
contain on the outside cover the title of the document and the name of the Senator or 
Senators presenting it. Bills shall be delivered by the primary sponsor of the document or 
with the prescribed authorization form signed by the primary sponsor to the Office of the 
Senate Principal Clerk who shall receive them during regular session according to the 
following schedule: 

Monday until 30 minutes after adjournment; and 

Any other day the Senate holds a session until 3:00 p.m. 

All bills shall be numbered by the Office of the Principal Clerk when filed 
and shall be considered introduced when presented to the Senate on the next following 
legislative day for the first reading. 

(b) All memorializing, celebration, commendation, and commemoration 
resolutions, except those which solely honor the memory of deceased persons or a North 
Carolina institution, or both, shall be excluded from introduction and consideration in the 
Senate. 

RULE 40.1. Deadlines on filing for introduction of bills and resolutions. - 
(a) All local bills and resolutions must be filed for introduction not later than Wednesday, 
March 24, 1999; provided that any such measure submitted to the Bill Drafting Division 
of the Legislative Services Office by 4:00 p.m. on that day and filed for introduction in the 
Senate before 3:00 p.m. on Wednesday, March 31, 1999, shall be treated as if it had been 
filed for introduction under this rule. 

(b) All public bills and resolutions, except those honoring the memory of 
deceased persons or adjourning the General Assembly, must be filed for introduction not 
later than April 7, 1999; provided that any such measure submitted to the Bill Drafting 
Division of the Legislative Services Office by 4:00 p.m. on that day and filed for 
introduction in the Senate before 3:00 p.m. on Wednesday, April 14, 1999, shall be treated 
as if it had been filed for introduction under this rule. 

(c) A two-thirds vote of the membership of the Senate present and voting 
shall be required to file for introduction any bill or resolution after the dates established by 
this rule. 

(d) This rule shall not apply to any appropriations, finance, or local bills filed 
in reconvened session following the adjournment of the first year of the biennial session. 

RULE 41. Crossover bill deadline. - In order to be eligible for 
consideration by the Senate during the 1999 or 2000 Regular Sessions of the 1999 General 
Assembly, all House bills other than those required to be referred to the Committee on 
Finance or the Committee on Appropriations/Base Budget by Rule 42, or adjournment 
resolutions must be received and read on the floor of the Senate as a message from the 
House no later than April 29, 1999; provided that a message from the House received by 
the next legislative day stating that a bill has passed its third reading and is being 
engrossed shall comply with the requirements of this rule and provided that the House 
accepts Senate bills ordered engrossed on the next legislative day. 

RULE 41.1. Relationship between Committee on Ways and Means and other 
committees dealing with money matters; relationship between these other committees 
dealing with money matters. ~ In those instances specified herein, the Committee on 
Ways and Means shall have responsibility for final consideration of bills dealing with 
money matters before the bills are considered on the floor of the Senate. Upon the 
agreement of a chairman of any two of the following committees: Appropriations/Base 

January 27, 1999 



1 999] SENATE JOURNAL 2 1 

Budget, Finance, and Ways and Means, any bill which is reported favorably from the 
Committee on Appropriations/Base Budget, or the Committee on Finance shall be re- 
referred by the Presiding Officer to the Committee on Ways and Means for consideration. 
Bills referred to the Committee on Appropriations/Base Budget pursuant to Rule 43 may 
be referred by the Chairman of the Committee on Appropriations/Base Budget to the 
Appropriations Committee on the Department of Transportation, the Appropriations 
Committee on Education, the Appropriations Committee on General Government, the 
Appropriations Committee on Human Resources, the Appropriations Committee on 
Justice and Public Safety, or the Appropriations Committee on Natural and Economic 
Resources for a report back to the Committee on Appropriations/Base Budget. 

RULE 42. Reference of appropriation and finance bills. -- (a) All bills 
introduced in the Senate providing for appropriations from the State, or any subdivision 
thereof, shall, before being considered by the Senate, be referred to the Committee on 
Appropriations/Base Budget and bills referred to other committees carrying any such 
provisions shall be reported to the Senate as being bills to be referred to the 
Appropriations/Base Budget Committee before proper action may be taken by the Senate. 

(b) All bills introduced in the Senate providing for bond issues, imposing or 
raising fees or other revenues payable to the State, its agencies, its licensing boards, or any 
of its subdivisions, levying taxes, or in any manner affecting the taxing power of the State 
or any subdivision thereof, shall, before being considered by the Senate, be referred to the 
Committee on Finance, and bills referred to other committees carrying any such 
provisions shall be reported to the Senate as being bills to be referred to the Committee on 
Finance before proper action may be taken by the Senate. 

(c) This rule shall not apply to bills imposing civil penalties, criminal fines, 
forfeitures, or penalties for infractions. 

RULE 42.1. Fiscal notes. - (a) A chairman of the Appropriations/Base 
Budget Committee, or of the Finance Committee, or of the Rules and Operations of the 
Senate Committee, or of the Ways and Means Committee, upon the floor of the Senate, 
may request that a fiscal analysis be made of a bill, resolution, or an amendment to a bill 
or resolution which is in the possession of the Senate and that a fiscal note be attached to 
the measure, when in the opinion of that chairman the fiscal effects of that measure are not 
apparent from the language of the measure. No bill, resolution, or amendment for which 
a fiscal note has been requested may be considered for passage prior to the fiscal note 
being attached to it. 

(b) The fiscal note shall be filed and attached to the bill, resolution, or 
amendment within two legislative days of the request. If it is impossible to prepare a 
fiscal note within two legislative days, the Director of Fiscal Research shall, in writing, so 
advise the Presiding Officer, the Principal Clerk, and the member introducing or proposing 
the measure and shall indicate the time when the fiscal note will be ready. 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a 
form approved by the Chairman of the Rules and Operations of the Senate Committee as 
to content and form and signed by the staff member or members preparing it. If no 
estimate in dollars is possible, the fiscal note shall indicate the reasons that no estimate is 
provided. The fiscal note shall not comment on the merit but may identify technical 
problems. The Fiscal Research Division shall make the fiscal note available to the 
membership of the Senate. 

(d) A sponsor of a bill, resolution, or amendment may deliver a copy of that 
member's bill, resolution, or amendment to the Fiscal Research Division for the 
preparation of a fiscal note. The sponsor shall attach the fiscal note to the bill when he 
files the bill or resolution or to the amendment when the sponsor moves its adoption. 

(e) The sponsor of a bill, resolution, or amendment to which a fiscal note is 
attached who objects to the estimates and information provided may reduce to writing the 

January 27, 1999 



22 SENATE JOURNAL [Session 

objections. These objections shall be appended to the fiscal note attached to the bill, 
resolution, or amendment and to the copies of the fiscal note available to the membership. 

(f) Subsection (a) of this rule shall not apply to the Current Operations 
Appropriations Bill or the Capital Improvement Appropriations Bill. This rule shall not 
apply to a bill, resolution, or amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any 
change in the law relative to any: 

(1) State, municipal, or other retirement system funded in whole or in part 
out of public funds; or 

(2) Program of hospital, medical, disability, or related benefits provided for 
teachers and State employees, funded in whole or in part by State funds, 

shall have attached to it at the time of its consideration by any committee a brief 
explanatory statement or note which shall include a reliable estimate of the financial and 
actuarial effect of the proposed change to that retirement or pension system. The actuarial 
note shall be attached to the jacket of each proposed bill or resolution which is reported 
favorably by any committee, shall be separate therefrom, and shall be clearly designated 
as an actuarial note. Upon its introduction, a bill described in subdivision (a)(1) of this 
rule shall be referred to the Committee on Pensions and Retirement and Aging. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, 
with his request for an actuarial note, to the Fiscal Research Division which shall prepare 
the actuarial note as promptly as possible but not later than two weeks after the request is 
made. Actuarial notes shall be prepared in the order of receipt of request and shall be 
transmitted to the sponsor of the measure. The actuarial note of the Fiscal Research 
Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the 
measure to the chief administrative officer of the retirement or pension system affected by 
the measure. The chief administrative officer shall have an actuarial note prepared by the 
system's actuary on the measure and shall transmit the note to the sponsor of the measure 
not later than two weeks after the request is received. The actuarial note shall be attached 
to the jacket of the measure. 

(d) The note shall be factual and shall, if possible, provide a reliable estimate 
of both the immediate effect and, if determinable, the long-range fiscal and actuarial effect 
of the measure. If, after careful investigation, it is determined that no dollar estimate is 
possible, the note shall contain a statement to that effect, setting forth the reasons why no 
dollar estimate can be given. No comment or opinion shall be included in the actuarial 
note with regard to the merits of the measure for which the note is prepared. Technical 
and mechanical defects in the measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is 
attached at the time of committee consideration, with any amendment of such nature as 
would substantially affect the cost to or the revenues of any retirement or pension system, 
the chairman of the committee reporting the measure shall obtain from the Fiscal Research 
Division an actuarial note of the fiscal and actuarial effect of the proposed amendment. 
The actuarial note shall be attached to the jacket of the measure. An amendment to any 
bill or resolution shall not be in order if the amendment affects the costs to or the revenues 
of a system or program described in subdivision (a)(1) of this rule, unless the amendment 
is accompanied by an actuarial note, prepared by the Fiscal Research Division, as to the 
actuarial effect of the amendment. 

(f) The Fiscal Research Division shall make all relevant actuarial notes 
available to the membership of the Senate. 

RULE 42.3. Assessment reports. - (a) Licensing Boards. Every legislative 
proposal introduced in the Senate proposing the establishment of an occupational or 
professional licensing board or a study for the need to establish such a board shall have 

January 27, 1999 



1999] SENATE JOURNAL 23 

attached to the jacket of the original bill at the time of its consideration on second or third 
readings by the Senate or by any committee of the Senate prior to a favorable report, an 
assessment report from the Legislative Committee on New Licensing Boards, pursuant to 
Article 18A of Chapter 120 of the General Statutes. The assessment report shall not 
constitute any part of the expression of legislative intent proposed by the formation of a 
licensing board. 

Upon receipt of the request, the Legislative Committee on New Licensing 
Boards shall prepare and return the assessment report as soon as possible but not later than 
60 days, reserving the right to extend this time to 90 days. A supplementary report shall 
be prepared and submitted to the requesting Senator not later than 30 days after the receipt 
of the request. 

(b) Municipal Incorporations. Every legislative proposal introduced in the 
Senate, or received in the Senate from the House, proposing the incorporation of a 
municipality shall have attached to the jacket of the original bill at the time of its 
consideration on second or third readings by the Senate or by any committee of the Senate 
prior to a favorable report, a recommendation from the Joint Legislative Commission on 
Municipal Incorporations, established by Article 20 of Chapter 120 of the General 
Statutes. The recommendation of the Joint Legislative Commission on Municipal 
Incorporations shall be made in accordance with the provisions and criteria set forth in 
Article 20 of Chapter 120 of the General Statutes and shall include the findings required to 
be made by G.S. 120-166 through G.S. 120-170. 

RULE 42.3A. Proposed increases in incarceration. - (a) Every bill, 
amendment, and resolution proposing any change in the law that could cause a net 
increase in the length of time for which persons are incarcerated or the number of persons 
incarcerated, whether by increasing penalties for violating existing laws, by criminalizing 
behavior, or by any other means, shall have attached to it at the time of its consideration 
by the Senate a fiscal note prepared by the Fiscal Research Division. The fiscal note shall 
be prepared in consultation with the Sentencing Policy and Advisory Commission and 
shall identify and estimate, for the first five fiscal years the proposed change would be in 
effect, all costs of the proposed net increase in incarceration, including capital outlay costs 
if the legislation would require increased cell space. If, after careful investigation, the 
Fiscal Research Division determines that no dollar estimate is possible, the note shall 
contain a statement to that effect, setting forth the reasons why no dollar estimate can be 
given. No comment or opinion shall be included in the fiscal note with regard to the 
merits of the measure for which the note is prepared. However, technical and mechanical 
defects may be noted. 

(b) The sponsor of each bill, amendment, or resolution to which this 
subsection applies shall present a copy of the bill, amendment, or resolution with the 
request for a fiscal note to the Fiscal Research Division. Upon receipt of the request and 
the copy of the bill, amendment, or resolution, the Fiscal Research Division shall prepare 
the fiscal note as promptly as possible. The Fiscal Research Division shall prepare the 
fiscal note and transmit it to the sponsor within two weeks after the request is made, unless 
the sponsor agrees to an extension of time. 

(c) This fiscal note shall be attached to the original of each proposed bill, 
amendment, or resolution that is reported favorably by any committee, but shall be 
separate from the bill, amendment, or resolution and shall be clearly designated as a fiscal 
note. A fiscal note attached to a bill, amendment, or resolution pursuant to this subsection 
is not a part of the bill, amendment, or resolution and is not an expression of legislative 
intent proposed by the bill, amendment, or resolution. 

(d) If a committee reports favorably a proposed bill or resolution with an 
amendment that proposes a change in the law that could cause a net increase in the length 
of time for which persons are incarcerated or the number of persons incarcerated, whether 

January 27, 1999 



24 SENATE JOURNAL [Session 

by increasing penalties for violating existing laws, by criminalizing behavior, or by any 
other means, the Chair of the committee shall obtain from the Fiscal Research Division 
and attach to the amended bill or resolution a fiscal note as provided in this section. 

RULE 42.4. Content of appropriations bills. -- (a) No provision changing 
existing law shall be contained in any of the following bills: (i) the Current Operations 
Appropriations Bill; (ii) the Capital Improvement Appropriations Bill; (iii) any bill 
generally revising appropriations for the second fiscal year of a biennium. 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in 
order if the language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills listed 
in subsection (a) of this section or an amendment to such bill may change existing law if 
the change: 

( 1 ) Alters expenditures or salaries; 

(2) Changes the scope or character of a program which must be reduced, 
increased, or changed because of an increase or decrease of funds 
appropriated for the program or because of changes in federal law or 
regulation; or 

(3) Modifies any function of State government which necessitates a 
transfer of funds from one department to another; 

provided, that for a provision to be in order under this subsection, it must be recommended 
to the General Assembly in a written report adopted by the Appropriations/Base Budget 
Committee before or at the same time the bill is reported, or if such provision is contained 
in a floor amendment, the sponsor of the amendment must present to the Principal Clerk at 
or before the time the amendment is offered an explanation of the amendment for 
distribution to each member of the Senate. 

RULE 42.5. Appropriations/Base Budget Committee meetings. - 
Notwithstanding the provisions of G.S. 143-14, and pursuant to the last sentence thereof, 
the Appropriations/Base Budget Chairman may in his or her sole discretion direct that the 
Appropriations/Base Budget Committee or its subcommittees or both may consider the 
budget and the budget plan including all appropriations in separate meetings from the 
House of Representatives and may do all things set forth in said statute separately from the 
House of Representatives. 

RULE 43. First reading; reference to committee. ~ All bills filed for 
introduction and all House bills received in the office of the Principal Clerk not later than 
one and one-half hours preceding the convening of the Senate, upon presentation to the 
Senate, shall be read in regular order of business by their number and title which shall 
constitute the first reading of the bill. The Chairman of the Committee on Rules and 
Operations of the Senate or, in his absence, the Vice-Chairman of the Committee shall 
refer to a Senate committee all bills introduced in the Senate or received from the House 
of Representatives. Upon the referral being made, the Chairman of the Committee on 
Rules and Operations of the Senate shall notify the Principal Clerk of the Senate of the 
referral, and the Reading Clerk shall announce the referral of the bill. The Principal Clerk 
shall inform the Presiding Officer of the referral. The title and referral shall be entered 
upon the Journal. 

Bills may be referred to more than one committee serially, i.e. 

"S.B. is referred to the Committee on Finance and upon a favorable report 

referred to the Appropriations/Base Budget Committee." 

RULE 44. Bills to receive three readings. ~ Every bill shall receive three 
readings before being passed, and the Presiding Officer shall give notice at each reading 
whether it be the first, second, or third. The Reading Clerk shall announce the referral as 
set forth in Rule 43. No bill shall be amended upon the floor of the Senate, except under 

January 27, 1999 



1999] SENATE JOURNAL 25 

Rule 45.1, until it has been twice read. Senate simple resolutions shall not require three 
readings. 

RULE 45. Reports of committees. -- Every Senator presenting a report of a 
committee shall endorse the report with the name of the committee and, in case of a 
minority report, with the names of the members making the report. The report of the 
committee shall show that a quorum of the committee was present and a majority of those 
present voted in favor of the report. Every report of the committee upon a bill or 
resolution shall stand upon the general orders with the bill or resolution. No committee 
shall report a bill or resolution without prejudice. 

RULE 45.1. Action on amendment or committee substitute. - If any 
committee recommends adoption of an amendment or committee substitute of a bill or 
resolution, the amendment or committee substitute shall be considered adopted upon the 
reading of the committee report and shall be engrossed. The bill or resolution, as 
amended, or its adopted committee substitute shall be placed on the calendar for the next 
legislative day or re-referred if the bill or resolution was serially referred. The committee 
substitute's original bill or resolution shall lie on the table. 

Notwithstanding any other provision of this rule, a committee substitute for a 
simple resolution shall be placed on the calendar for the next legislative day for a vote on 
its adoption. 

RULE 46. Unfavorable report by committee. - (a) All bills reported 
unfavorably by the committee to which they were referred, and having no minority report, 
shall lie upon the table, but may be taken from the table and placed upon the calendar by a 
two-thirds vote of the membership of the Senate present and voting. 

(b) When a bill is reported by a committee with an unfavorable report, but 
accompanied by a minority report, signed by at least three members of the committee who 
were present and who voted on the bill when the bill was considered in committee, then 
the minority report shall be placed on the calendar and considered the following day, and 
the question before the Senate shall be "The adoption of the minority report." If the 
minority report is adopted by a majority vote of the membership of the Senate, the bill 
shall be placed upon the calendar; if the minority report is not adopted, the bill shall lie 
upon the table. 

RULE 47. Recall of bill from committee and discharge petition. -- (a) 
Notwithstanding anything to the contrary, only the President Pro Tempore, the Chairman 
of the Committee on Rules and Operations of the Senate, or the chairman of a committee 
to which a bill or other matter is assigned may, with the consent of a majority of the 
membership of the Senate present and voting, recall the measure to be referred to another 
committee or the floor. 

(b) A motion to discharge a committee from consideration of a bill or 
resolution may be filed with the Principal Clerk if accompanied by a petition signed by 
three-fifths of the members of the Senate asking that the committee be discharged from 
further consideration of the bill or resolution. No petition may be circulated for signatures 
until 10 legislative days after the bill has been referred to the committee. No petition may 
be circulated for signature until notice has been given on the floor of the Senate that the 
petition is to be circulated. If such a motion accompanied by a valid petition is filed, the 
Principal Clerk shall place that motion on the calendar for the next legislative day as a 
special order of business. If the motion is adopted by a majority of the Senate, then the 
committee to which the bill or resolution has been referred is discharged from further 
consideration of the bill or resolution, and that bill or resolution is placed on the calendar 
for the next legislative day as a special order of business. If the committee had, prior to 
discharge, adopted any amendment or committee substitute for the bill, it shall be in order 
to offer that amendment or substitute on the floor as if it were a committee amendment or 
substitute. The Principal Clerk shall provide a form for discharge petitions. 

January 27, 1999 



26 SENATE JOURNAL [Session 

(c) This rule shall not be temporarily suspended. 

RULE 48. Calendar; order to be followed. - The Presiding Officer and the 
Principal Clerk of the Senate shall see that all bills are acted upon by the Senate in the 
order in which they stand upon the calendar, unless otherwise ordered as hereinafter 
provided. The published calendar shall include all bills reported favorably from 
committees, or reported with a minority report attached, or placed on the calendar on 
motion: Provided, that the published local calendar may carry the number of each bill, the 
county or counties referred to, and an abbreviated statement of the title of the bill. 

RULE 49. (Reserved). 

RULE 50. Third reading requirements. ~ No bill on its third reading shall 
be acted upon out of the regular order in which it stands on the calendar, and no bill shall 
be acted upon on its third reading the same day on which it passed its second reading, 
unless so ordered by two-thirds of the membership of the Senate present and voting. 

RULE 51. Special orders. — Any bill or other matter in consideration before 
the Senate may be made a special order for a subsequent day or hour by a vote of the 
majority of the Senators voting, and if action on the bill is not completed on that day, it 
shall be returned to its place on the calendar, unless it is made a special order for another 
day; and when a special order is under consideration it shall take precedence over any 
special order or subsequent order for the day, but such subsequent order may be taken up 
immediately after the previous special order has been disposed of. 

RULE 52. Procedure when necessary number of Senators not present. -- 
If, on taking the question on a bill, it appears that a constitutional quorum is not present, or 
if the bill requires a vote of a certain proportion of all the Senators to pass it, and it appears 
that such number is not present, the bill shall be again read and the question taken thereon; 
if the bill fails a second time for the want of the necessary number being present and 
voting, the bill shall not be finally lost, but shall be returned to the calendar in its proper 
order. 

RULE 53. Effect of defeated bill. - (a) After a bill has been tabled, or has 
failed to pass on any of its readings, the contents of such bill or the principal provisions of 
its subject matter shall not be embodied in any other measure. After an amendment has 
been tabled or defeated on the Senate floor, the contents of such amendment or the 
principal provisions of its subject matter shall not be embodied in any other measure. 
Upon the point of order being raised and sustained by the Presiding Officer, such measure 
shall be laid upon the table and shall not be taken therefrom except by a vote of two-thirds 
of the membership of the Senate present and voting: Provided, no local bill shall be held 
by the Presiding Officer as embodying the provisions, or being identical with any 
statewide measure which has been laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie 
upon the table and shall not be taken therefrom except by a vote of two-thirds of the 
membership of the Senate present and voting. 

RULE 54. Taking bill from table. -- No bill which has been laid upon the 
table shall be taken therefrom except by a vote of two-thirds of the membership of the 
Senate present and voting. 

RULE 54.1. Bill title. - The title of each bill shall adequately and fairly 
reflect its subject matter. 

RULE 55. Amending titles of bills. -- When a bill is materially modified or 
the scope of its application extended or decreased, or if the county or counties to which it 
applies is changed, the title of the bill shall be changed by the Senator introducing the bill 
or by the committee having it in charge, or by the Principal Clerk, so as to indicate the full 
purport of the bill as amended and the county or counties to which it applies. 

RULE 56. Corrections of typographical errors in bills. - The Enrolling 
Clerk is authorized to make corrections of typographical errors in the text of bills at any 

January 27, 1999 



1999] SENATE JOURNAL 27 

time prior to ratification. Before the correction is made, the Enrolling Clerk shall have the 
approval of the Chairman of the Committee on Rules and Operations of the Senate or, in 
his absence, the Vice-Chairman of said Committee. 

RULE 56.1. Amendments and committee substitutes adopted by the 
House to bills originating in the Senate. — (a) Whenever the House has adopted an 
amendment or a committee substitute for a bill originating in the Senate, and has returned 
the bill to the Senate for concurrence in that amendment or committee substitute, the 
Senate may not concur in that amendment or committee substitute until the next legislative 
day following the day on which the Senate receives that measure. 

(b) The Chairman of the Rules and Operations Committee of the Senate may, 
or upon motion supported by a majority of the Senate present and voting shall refer the bill 
to an appropriate committee for consideration of the amendment or committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule 
whether the amendment or committee substitute is a material amendment under Article II, 
Section 23, of the State's Constitution. If the measure is referred to committee, the 
committee shall: 

(1) Report the bill with the recommendation either that the Senate do concur 
or that the Senate do not concur; and 

(2) Advise the Presiding Officer as to whether or not the amendment or 
committee substitute is a material amendment under Article II, Section 
23, of the State's Constitution. 

(d) If the amendment or committee substitute for a bill is not a material 
amendment, the question before the Senate shall be concurrence. In the event there is 
more than one House amendment, the question shall be concurrence in all the House 
amendments and the question may not be divided, notwithstanding Rule 28. The question 
which shall be put before the Senate by the Presiding Officer shall be: "Does the Senate 
concur in the House amendments (committee substitute) to S.B. ?'. 

(e) If the amendment or committee substitute for a bill is a material 
amendment, the receiving of that bill on messages shall constitute first reading and the 
question before the Senate shall be concurrence on second reading. If the motion is 
passed, the question then shall be concurrence on third reading on the next legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the 
Senate may be amended by the Senate. 

RULE 57. Conference committee. -- Whenever the Senate fails to concur in 
amendments or committee substitutes put by the House to a bill originating in the Senate, 
or whenever the House of Representatives fails to concur in amendments or committee 
substitutes put by the Senate to a bill originating in the House, a conference committee 
shall be appointed by the President Pro Tempore of the Senate or in his absence the 
Deputy President Pro Tempore, upon motion, and the bill under consideration shall 
thereupon go to and be considered by the joint conferees on the part of the Senate and 
House of Representatives. Senate conferees shall include the primary sponsor of the bill. 
In considering matters in difference between the Senate and House committed to the 
conferees, only such matters as are in difference between the two houses shall be 
considered by the conferees, and the conference report shall deal only with such matters. 
In conference committee, the Senate's position shall be determined by a majority of the 
Senate conferees. The conference report shall not be amended. 

RULE 57.1. Germaneness of amendment. -- All amendments and 
committee substitutes shall be germane to the original subject matter of the bill. The 
question of germaneness is in order at any time the measure is before the body prior to 
final action on the measure. 

RULE 58. Certification of passage of bills. — The Principal Clerk shall 
certify the passage of bills by the Senate, with the date thereof, together with the fact 

January 27, 1999 



28 SENATE JOURNAL [Session 

whether passed by vote of three-fifths or two-thirds of the membership of the Senate 
present and voting, whenever such vote may be required by the Constitution or laws of the 
State. 

RULE 59. Transmittal of bills to House. - No bill shall be sent from the 
Senate on the day of its passage except on the last day of the session, unless otherwise 
ordered by a vote of two-thirds of the membership of the Senate present and voting. 

RULE 59.1. Engrossment. - Bills and resolutions, except those making 
appropriations, which originate in the Senate and which are amended shall be engrossed 
before being sent to the House. 

RULE 59.2. Vetoed Bills. ~ (a) The Principal Clerk is designated the Senate 
Officer to receive bills vetoed by the Governor. The veto message shall be read in the 
Senate on the next legislative day following its receipt by the Principal Clerk. 

(b) Upon a veto message being read in the Senate, the Chairman of the 
Committee on Rules and Operations of the Senate shall either refer the bill and the 
Governor's objections and veto message to committee or place the bill on the calendar for 
a day certain. 

VII. Legislative Officers and Employees 

RULE 60. Pages. - (a) The President Pro Tempore of the Senate shall 
appoint pages. The President Pro Tempore, or such person as he may designate, shall 
supervise the pages and assign to them their duties. Each page shall be at least 1 5 years of 
age or be in the ninth grade at the time of service. 

(b) Members may designate honorary pages by a statement delivered to the 
Principal Clerk who will have a certificate issued therefor. 

RULE 61. Sergeants-at-Arms. -- (a) There shall be 15 positions of 
Assistant Sergeants-at-Arms to be appointed, upon the recommendation of the President 
Pro Tempore, by the Sergeant-at-Arms who are to work under his or her supervision and 
to be assigned such duties and powers as he or she shall direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members 
and employees of the Senate while in the Senate Chamber, or any place in which the 
Senate or its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by 
orders of the Senate and signed by the Presiding Officer of the Senate, and said warrants 
and subpoenas shall be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff. -- The Principal Clerk of the Senate shall 
employ all necessary employees and clerks required to carry out the duties of his or her 
office. The Principal Clerk shall have supervision and control, and shall assign such 
duties and powers as he or she shall direct to his or her employees and clerks. 

RULE 63. Committee assistants and legislative assistants. — (a) Each 
committee shall have a committee assistant. The committee assistant to a committee shall 
serve as legislative assistant to the chairman of that committee. 

(b) Each member shall be assigned a legislative assistant, unless he or she has 
a committee assistant to serve as his or her legislative assistant. 

(c) The selection of committee assistants, legislative assistants, and office 
assistants shall be the prerogative of the individual member. Such committee assistants 
and legislative assistants shall file initial applications for employment with the Supervisor 
of Clerks and shall receive compensation as prescribed by the Legislative Services 
Commission. The employment period of committee assistants, legislative assistants, and 
office assistants shall comply with the period as established by the Legislative Services 
Commission unless employment for an extended period is approved by the President Pro 
Tempore. The committee assistants, legislative assistants, and office assistants shall 
adhere to such uniform regulations and other conditions of employment (including 

January 27, 1999 



1999] SENATE JOURNAL 29 

retention) under the direction of the Director of Senate Legislative Assistants as the 
Committee on Rules and Operations of the Senate shall adopt. 

(d) The Director of Senate Legislative Assistants and any assistants shall be 
appointed by the President Pro Tempore of the Senate. 

RULE 64. Senate Journal. — The Principal Clerk shall prepare and be 
responsible for the Journal. The President Pro Tempore or, in his absence, the Deputy 
President Pro Tempore shall examine the Journal to determine if the proceedings of the 
previous day have been correctly recorded. 

RULE 65. Deputy President Pro Tempore. — The Senate shall elect a 
Deputy President Pro Tempore. Upon the death, resignation, or removal from office of 
the President Pro Tempore, the Senate shall elect one of its members to succeed to that 
office. 

VIII. General Rules 

RULE 66. President to sign papers. ~ All acts, addresses, and resolutions, 
and all warrants and subpoenas issued by order of the Senate shall be signed by the 
President or by the President Pro Tempore or Deputy President Pro Tempore presiding in 
his absence. 

RULE 67. Admission to the floor of the Senate. -- No person, except 
members of the Senate, members of the House of Representatives, staff of the General 
Assembly; staff of the Lieutenant Governor; Judges of the Supreme Court, Court of 
Appeals, and Superior Courts; the Governor and members of the Council of State; former 
members of the General Assembly; and persons particularly invited and extended the 
privileges of the floor by the Presiding Officer, shall be admitted to the floor of the Senate 
during its session. Notwithstanding any other provision of these rules, no registered 
lobbyist shall be admitted to the floor of the Senate or Senate Chamber while the Senate is 
in session. When the Senate is not in daily session, the President Pro Tempore shall 
determine the privileges of the floor. 

RULE 67A. Restricted admission to the floor of the Senate prior to the 
daily session. — No person, except members of the Senate, members of the House of 
Representatives, staff of the General Assembly; the staff of the Lieutenant Governor; 
Judges of the Supreme Court, Court of Appeals, and Superior Courts; the Governor and 
members of the Council of State; former members of the General Assembly; and persons 
particularly invited and extended the privileges of the floor by a member of the Senate or 
the Presiding Officer, shall be admitted to or remain on the floor of the Senate within 15 
minutes prior to the Senate's scheduled daily session. Notwithstanding any other 
provision of this rule, no registered lobbyist shall be admitted to or remain on the floor of 
the Senate within 15 minutes prior to the Senate's scheduled daily session. 

RULE 67.1. Recognition for extending courtesies. - (a) Courtesies of the 
floor and galleries shall be extended only by the Presiding Officer on his own motion or 
upon the written request of a member of the Senate to former members of the General 
Assembly or to distinguished visitors. 

(b) The Presiding Officer, upon written request at intervals between various 
orders of business, may extend courtesies to schools or other special large groups visiting 
in the galleries while they are present, and the Presiding Officer shall, at such times as he 
deems appropriate, express to those visitors in the galleries the pleasure of the Senate for 
their presence. 

RULE 68. Privileges of the floor. - Any group or individual other than 
members of the Senate who desires to make remarks upon the floor of the Senate will first 
obtain approval of the President Pro Tempore or, in his absence, the Deputy President Pro 
Tempore of the Senate. 

RULE 69. News media. - The President Pro Tempore is authorized to assign 
area and equipment on the floor of the Senate for the use of the representatives of news 

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30 SENATE JOURNAL [Session 

media, and the President shall provide regulations for the operation of the representatives 
of the news media on the floor of the Senate. 

RULE 70. Absence without leave. - No Senator or officer of the Senate 
shall depart the service of the Senate without leave, or receive pay as a Senator or officer 
for the time he is absent without leave. 

RULE 71. Placing material on Senators' desks or in Senators' offices. -- 
Any person other than a member of the Senate desiring to place articles of any kind on or 
about desks in the Senate Chamber or in the offices of the members of the Senate shall 
make written application to and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempore 
of the Senate shall assign seats in the Senate Chamber to the members elected. The 
President Pro Tempore, when assigning seats, shall give preferential consideration to the 
respective members according to the length of service which each member has rendered in 
the Senate. No incumbent appointed to fill an unexpired term in the immediate preceding 
session shall retain the seat if requested by a Senator elected to said session. 

(b) Not later than two weeks after the initial committee assignments become 
final, the President Pro Tempore of the Senate is authorized to make assignments of 
committee rooms and offices to designated committees, chairmen, and members of the 
Senate. In making such assignments of individual offices, the President Pro Tempore may 
give preferential consideration to the respective members according to the length of 
service which each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate 
employees. ~ All administrative rules, regulations, and orders involving all individuals 
employed to perform duties for the Senate, other than those appointed by the Principal 
Clerk and the Sergeant-at-Arms, shall be first approved by the Committee on Rules and 
Operations of the Senate. 

RULE 74. Public hearings. -- Any Senator may request in writing a public 
hearing by the committee considering the bill on a public bill. Requests may be granted in 
the discretion of the chairman. Notice shall be given not less than five calendar days prior 
to public hearings. Such notices shall be issued as information for the press and the 
information shall be posted in the places designated by the Principal Clerk. 

RULE 75. Public hearings, filing of written statements. - Persons desiring 
to appear and be heard at a public hearing are encouraged to file with the chairman of the 
committee a brief or a written statement of the remarks to be made at least 24 hours before 
the time of the hearing. 

RULE 76. Voting in joint sessions. -- When the Senate sits jointly with the 
House, either in committee or in joint session, the Senate reserves the right to vote 
separately. 

RULE 77. Alterations, suspension or rescission of rules. -- (a) These rules 
may not be permanently rescinded or altered except by Senate simple resolution passed by 
a two-thirds vote of the membership of the Senate. The introducer of the resolution must, 
on the floor of the Senate, give notice of his intent to introduce the resolution on the 
legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of 
the membership of the Senate present and voting, may temporarily suspend any of these 
rules. 

Section 2. This resolution is effective upon adoption. 

ELECTION OF OFFICER ESTABLISHED BY THE SENATE RULES 

Pursuant to Senate Rule 65, the President declares the floor open to receive 
nominations for Deputy President Pro Tempore and recognizes Senator Dannelly of 

January 27, 1999 



1 999] SENATE JOURNAL 3 1 

Mecklenburg County who offers the following nomination and remarks: 

"Thank you, Mr. President. Ladies and Gentlemen of the Senate, I stand to place in 
nomination for Deputy President Pro Tempore a young man who, back in 1942, was bom 
in the Town of Windsor, Bertie County, North Carolina, and he was born to the parents of 
Frank Winston and Alice Eason Ballance. He graduated from Etheridge High School, 
from North Carolina Central University Undergraduate School, and North Carolina 
Central University Law School. He is the Principal in the law firm of Frank W. Ballance 
and Associates, P. A. He served in the House of Representatives from 1983 to 1986. In 
1989 he graduated to the "upper Chamber" of the General Assembly, this Senate, and has 
served here since then. He belongs to the NAACP, the North Carolina State Bar, the 
North Carolina Association of Trial Lawyers, and the North Carolina Association of Black 
Lawyers. He serves on the Boards of Trustees for North Carolina Central University and 
Elizabeth City State University. Frank is known to champion the causes of those citizens 
in our great State who feel that somebody has let them down - that no one listens to them. 
He makes sure that their voices are heard. On January 29, 1997, this Senate made history 
when we voted to make Frank Ballance the first African-American Deputy President Pro 
Tempore in North Carolina, not because he's African-American, but because he is 
imminently qualified. And during that term (the last term) he served masterfully with the 
highest degree of integrity and fairness. I am proud to again nominate Senator Frank W. 
Ballance, Jr., for the Office of Deputy President Pro Tempore for the 1999-2000 Session 
of this great North Carolina Senate. Thank you, Mr. President." 

The Chair recognizes Senator Perdue of Craven County who seconds the nomination 
and offers the following remarks: 

"Thank you, Mr. President and members of the Senate and all of our special guests and 
family. It is my great honor and privilege this afternoon to be allowed to second the 
nomination of Frank W. Ballance. Frank wears a lot of hats for all of us in this room and 
across North Carolina. I believe if he were here, first of all, he would want us to say he's 
a good daddy and a good husband. He's been a real role model across the State doing 
those two things and his bride will attest to that today. But more than that, he has been a 
very successful attorney and a real inspiration for folks all over the State. But I think the 
thing he would want us to say the most loudly and the most clearly is that he is a true, true, 
Christian, a minister with the highest calling, a gift of God. He does that best and most 
frequently, I believe. Frank has been my friend for fifteen years and those years have 
certainly gone quickly. During that time, his leadership and commitment to hope for all of 
the people, every single person in this great State, has inspired me and so very many folks 
in North Carolina. As you walk across any of the hundred counties you can see the 
shadow that Frank Ballance has cast on so many folks who really didn't know there was 
an opportunity and a hope to be in North Carolina. His presence is felt everywhere, even 
today in Congress where our good friend, Eva Clayton, listens to Frank and to many 
others daily and for that, we are grateful, Eva. Frank believes totally with every bone in 
his body that North Carolina is today and must always remain the State where there is true 
opportunity for the weak to grow strong and the strong to grow great. Mr. President and 
members of the Senate, it is really a great honor to second the nomination of Frank 
Ballance for Deputy President Pro Tempore of the 1999 Senate and with that I would like 
to move that the nominations be closed and that the nomination of Senator Ballance for 
this position be accepted by acclamation." 

The motion offered by Senator Perdue that the nominations be closed and that Senator 
Frank Ballance be elected Deputy President Pro Tempore by acclamation prevails. 

January 27, 1999 



32 SENATE JOURNAL [Session 

The President declares Senator Frank W. Ballance, Jr. elected Deputy President Pro 
Tempore and appoints Senator Albertson, Senator Jordan, Senator Lucas, and Senator 
Phillips, to escort the Deputy President Pro Tempore-Qleci to the Well of the Senate. 
Senator Albertson presents Senator Ballance to the President. The President directs the 
Sergeant-at-Arms to escort Commissioner Bernadine Ballance, a member of the Industrial 
Commission and the wife of Senator Ballance, to the Well of the Senate where she joins 
Senator Ballance as he receives the prescribed Oath of Office. The Honorable James A. 
Wynn, Jr., Judge of the North Carolina Court of Appeals, General Court of Justice, 
administers the prescribed Oath of Office. 

The President recognizes Senator Ballance, Deputy President Pro Tempore, who offers 
the following remarks: 

"Thank you, Mr. President, members of the Senate, friends. "Langston Hughes asked 
me to tell you that 7, Too, Sing America. 

'I'm the darker brother. They send me to the kitchen when company 
comes, but I laugh and eat and grow strong. Next time, they won't 
dare say to me 'eat in the kitchen.' Besides, they'll see how 
handsome I am and know that I, too, sing America.' 
"Mr. President, two years ago on January 29, 1997, 1 stood before this Senate to accept 
your trust and confidence exhibited by your electing me as Deputy President Pro Tempore 
of this great Body. I did so then with pride and I accept today with that same pride but, 
Senator Rand, with a lot more humility. I talked then about common ground between 
races as well as political parties for all of the citizens upon which we could build a better 
North Carolina. This year I would suggest to you that we follow the example of Dr. Martin 
Luther King, Jr. as echoed across the State of North Carolina and across the Nation just 
nine days ago as we celebrated his birthday and his legacy. As we remember Dr. King, let 
us commit ourselves this Session of the 1999 General Assembly for North Carolina, to sit 
down together at the table of brotherhood. 

"As I stand here today, I'd like to say thank you. First, to a God who is able, the great 
I Am. Then to my family, my wife, Bernadine; my mother, Sister Alice Ballance; other 
family members who are here; to Congresswoman, Eva Clayton of the First District; to 
friends who are too numerous to call, but I do just want to mention some clergy that I 
asked to come and they are here. We call upon them so often for spiritual and political 
guidance, Dr. Robert Holloman, Reverend Charles Tyner, Reverend Lenwood Long, 
Reverend Jeremiah Webb, Reverend Robert Webb, Dr. Thomas Walker, and Reverend 
Pressley. Thank you very much for coming. I also called some of my sheriffs in my 
district and I asked them to come by. Sheriff Johnny Williams is here from Warren 
County, Sheriff Juan Vaughn from Hertford County is here, Sheriff Jim Davis from Hoke 
County is here. Thank ya'll very much for coming. District Attorney, The Honorable 
David Waters, I told him I was going to talk about him and asked him if he would come 
down and he is here somewhere. A personal thanks to you, Judge Wynn, for coming in at 
the last minute. Senator Basnight, you have to know that I'd asked Judge Cy Grant, he's 
on the Calendar to give this Oath. He called me last night from Jacksonville in Onslow 
County and said that he has a jury that's out on a murder case and he couldn't get up to 
Raleigh, but I thank him in his absence and I thank Judge Wynn. Then I would say to my 
Senate colleagues, Senator Basnight, a special thank you for your leadership and your 
friendship. North Carolina is a better State because of your service here. Senators 
Dannelly and Perdue, thank you for your kind and gracious remarks. To the members of 
my escort committee, thank you very much. To all of my colleagues on both sides of the 
aisle, the families, friends and all, thank you so much. I am grateful for this second 
opportunity to do a better job, Senator Basnight, than I did last time. 

January 27, 1999 



1999] SENATE JOURNAL 33 

"There is yet much work to be done and I pledge to do my very best on behalf of the 
people, not only of my district, but to the State of North Carolina. Senator Basnight has 
eloquently laid out our agenda for this Session. I support that agenda fully. I do want to 
mention just three or four things briefly that we want to look at also. On the subject of 
taxes, and I talked to my tax consultant, Senator John Kerr, about this. We talk a lot about 
taxes and tax cuts, but I remember that two thousand years ago Joseph (ya'll remember 
him) and Mary left home in Galilee and traveled four days' journey to Bethlehem to pay 
taxes and to list taxes because the King had sent out a decree. Thus, the Savior of the 
World, rather than being born at the Galilee Memorial Hospital or at home, was born in a 
stable in Bethlehem. Two thousands years later we have made little progress in how we 
collect our property taxes. Citizens still have to make the trip (of course you can send it in 
the mail) down to the courthouse to list your taxes, but the problem is this. In many 
counties around North Carolina, if you don't go down to list in January, they will charge 
you a ten percent late listing fee. Senator Kerr, let's work on that a little bit. 

"At one our Universities in the Triangle, when it rains it pours - all over the equipment 
in the biology building and the science labs. We can and we must do better. 

"Across the State of North Carolina, there are issues of vital concern to working men 
and women, workplace safety we have addressed, unemployment benefits, etc. As you 
campaign across North Carolina, you will see many working people who will have 
difficulty shaking your hand, not because they don't want to but because they suffer with 
carpal tunnel syndrome or maybe some other ergonomic related injury which now 
constitutes one-third of all workplace injuries. We have a good system in place to handle 
work related injuries, it's known as the Industrial Commission, but we can and we must 
improve the system. 

"In the trial of criminal cases in our State, should the prosecuting attorney, and that's 
why I invited Mr. Waters to hear this, should the prosecuting attorney have the power to 
select the Judge of his choice who will hear the case - and in some cases delay the trial for 
months or maybe even years or should we have some impartial method of calendaring 
criminal trials? 

"There are many other issues that we shall consider during this Session such as gender 
equity in employment as well as appointments to boards and commissions. Senator 
Basnight, I want to be the first to say that you have set a great example here in the North 
Carolina Senate and we in the other parts of North Carolina should follow your example. 

"Finally, no one while traveling on Interstate 85 in Warren or, Senator Gulley, in 
Durham or, Senator Martin, in Guilford Counties or even in Cumberland County should 
ever have to worry that they will be stopped by members of our fine highway patrol 
because of the color of his or her skin. There should not be a crime called 'driving while 
black.' 

"We face many issues in this State both large and small. I am confident, however, that 
this Senate and indeed this General Assembly will heed the words of Dr. Martin Luther 
King, Jr. and remember his vision for an America for all of us, rich and poor, black and 
white, Native American, Jew or Gentile can join hands and sit down together at the table 
of brotherhood. North Carolina and the Nation deserve nothing less. 

"In the coming weeks and months let us pledge to join hands to build a better North 
Carolina for all of its citizens. Thank you very much." 

ELECTION OF STATUTORY OFFICERS 

Pursuant to G.S. 120.37, the President declares the floor open to receive nominations 
for the Office of Principal Clerk. 

The President recognizes Senator Lee of Orange County who offers the following 

January 27, 1999 



34 SENATE JOURNAL [Session 

nomination and remarks: 

"Thank you Mr. President. Members of the Senate, I'm delighted to rise and place in 
nomination the name of Janet B. Pruitt for the Office of Principal Clerk. For those of us 
who have served previously in the Senate during the 1997 Session, we have come to 
appreciate the quiet, but effective manner by which Janet Pruitt has gone about carrying 
out her duties and responsibilities as Principal Clerk. For those of you who are new, this 
is one of the most important positions, since the Principal Clerk is responsible for the 
record keeping, relating and profiling the actions of this Body, and cataloguing major 
decisions made by the Senate and ultimately the Legislature. 

"Janet Pruitt has occupied this position with great distinction and has performed in a 
very stellar fashion. She was well prepared when she was elected by this Body to 
Principal Clerk in 1997, having performed in a number of positions here in the North 
Carolina Senate. The Principal Clerk I would like to compare to a piece of software that is 
relatively new that many of us install on our computers. It is designed to work in the 
background, to seek out problems with software operations, to attack viruses and other 
defects that might creep into the computer. That is the Principal Clerk. That person 
performs in the background, sitting here at this desk many times unnoticed, but very 
methodically searching out to ensure that this Body performs in a way that any defects that 
might appear are caught and are handled properly. That software also works when the 
computer is not operating. So does the Principal Clerk. When we adjourn in this Body, 
Janet and her staff retreat to their office suite and continue to examine records, compare 
documents for the next day's agenda, work to check and recheck decisions that are made 
to ensure that this Body is performing, and they work until late in the night. 

"Janet has certainly performed as a most effective Principal Clerk. She deserves our 
support. She has earned our trust. She has our unquestionable confidence, and she has 
performed in a very stellar fashion. In that regard and on that basis, Mr. President and 
members of the Senate, I am delighted to place in nomination for your consideration for 
the Office of Principal Clerk, Janet B. Pruitt." 

The President recognizes Senator Plyler of Union County who seconds the nomination 
and offers the following remarks: 

"Thank you, Mr. President. Members of the Senate, I rise to second the motion for the 
nomination and election of the Principal Clerk of the North Carolina General Assembly 
for this biennium. I would like to say to all of the Senators and to their guests, their 
families and everyone, that Janet Pruitt is a true hard-working young lady that really and 
truly keeps this Senate in line and advised on the things that are necessary for the 
operation of the Senate through the Principal Clerk's Office. Janet has been for two years 
the Principal Clerk and I would say that it has been hundreds of times that she has given 
good advice to each and every member of this North Carolina Senate. 

"As Senator Lee has said, she is a hard-working lady. She does work late at night. 
She is here early in the morning and on the farm, we used to say that a 'man's work was 
from sun to sun and a woman's work was never done.' Here I would say that the 
Senators' work is from sun to sun and Janet Pruitt and her staffs work is never done. I am 
real honored to be able to place and second the nomination of Janet Pruitt for the Principal 
Clerk of the North Carolina Senate for the years of 1999 and 2000. Therefore, 
Mr. President and members of the Senate, I would like to move that the nominations be 
closed and that Janet Pruitt be elected by acclamation for Senate Clerk for the years in this 
next biennium. Thank you very much." 

The motion by Senator Plyler that the nominations be closed and that Janet B. Pruitt be 
January 27, 1999 



1 999] SENATE JOURNAL 35 

elected Principal Clerk of the 1999 Senate by acclamation prevails. The President 
declares Janet B. Pruitt duly elected and appoints Senator Cochrane, Senator Dalton, and 
Senator Lee to escort the Principal Clerk-elect, Janet B. Pruitt, to the Well of the Senate. 
The Honorable Dennis A. Wicker, Lieutenant Governor of the State of North Carolina, 
administers the prescribed Oath of Office and directs the Principal Clerk to assume her 
seat. 

The President declares the floor open to receive nominations for the Office of Reading 
Clerk. The President recognizes Senator Miller of Wake County who offers the following 
nomination and remarks: 

"Thank you Mr. President. In nominating Janet Pruitt, the Principal Clerk, Senator 
Lee ably described the duties of the Office of Principal Clerk and how Janet Pruitt had so 
capably performed those duties in the last two years. Few of us have thought very much 
of the Office of Reading Clerk. For all of us, even Senator Soles, the office has simply 
been always just Roy Clark's job. The office is undoubtedly centuries old, older even than 
Senator Soles or Roy Clark. It undoubtedly dates from the time before word processors or 
photocopiers when bills and amendments were read in their entirety on the Senate floor. 
But we still have a Reading Clerk and why should we change? Why would we do without 
Roy Clark's dramatic rendition of intrinsically tedious material? Why would we so 
diminish our proceedings? We should not. Mr. President, members of the Senate, I 
nominate for the Office of Reading Clerk of the 1999 Senate, LeRoy Clark, Jr." 

The President recognizes Senator Reeves of Wake County who seconds the 
nomination and offers the following remarks: 

"Thank you, Mr. President. Members of the Senate, I rise to second the nomination 
just made. Senator Miller, my seatmate and co-worker in Wake County, alluded to the 
length of service that LeRoy Clark has given to this Senate Chamber and to the State 
Senate. I'm going to point out, Senator Carter, that LeRoy Clark has been doing this job 
since before this building was erected and since before you and I were born. I don't point 
that out to crow about my age or your age, Senator Carter. I just point it out to honor the 
length of service that LeRoy Clark has given to this State and to this Senate. It is, 
therefore, my pleasure to second the nomination made by my seatmate and good friend, 
Brad Miller, of LeRoy Clark as Reading Clerk, and I move that the nominations be closed 
and that the nomination of LeRoy Clark, Jr. for the Reading Clerk of the 1999 Senate be 
accepted by acclamation." 

The motion offered by Senator Reeves that the nominations be closed and that LeRoy 
Clark be elected Reading Clerk of the 1999 Senate by acclamation prevails. The President 
declares LeRoy Clark duly elected and appoints Senator Miller and Senator Reeves to 
escort the Reading Clerk-elect to the Well of the Senate. Senator Miller is recognized and 
presents the Reading Clerk-elect, LeRoy Clark. The Honorable Willis D. Whichard, 
Associate Justice (Ret.) of the Supreme Court of North Carolina, administers the 
prescribed Oath of Office. 

The President declares the floor open to receive nominations for the Office of 
Sergeant-at-Arms. The President recognizes Senator Rand of Cumberland County who 
offers the following nomination and remarks: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate, it's my pleasure to 
rise today to speak to you of my good friend, Cecil Goins. More than thirty years now, 

January 27, 1999 



36 SENATE JOURNAL [Session 

I've been blessed to have such a good friend. Cecil is a native of Southern Pines in Moore 
County. He and his wife, LaVern, now live here in Wake County. LaVern is retired from 
the Wake County School system. They have two daughters, one an attorney in Asheville 
and one is a university professor in Virginia. Cecil graduated from North Carolina A&T 
State University. He served as a commissioned officer in the United States Army and he 
served with distinction throughout the United States as a member of the United States 
Marshal Service. He is now retired from the Marshal Service and has served for the last 
three terms as the Sergeant-At-Arms of this Senate. It is now my pleasure to nominate 
Cecil R. Goins for the position of Sergeant-At-Arms for the hundred and forty-third 
Session of the North Carolina Senate. Thank you, Mr. President." 

The President recognizes Senator Ballance of Warren County who seconds the 
nomination and offers the following remarks: 

"Thank you Mr. President. Cecil Goins is dedicated to this Senate. He's a fine and 
dedicated Sergeant-At-Arms and I'm pleased to second his nomination and, Mr. President, 
move that the nominations be closed on the said name and that Cecil Goins be elected by 
acclamation." 

The motion of Senator Ballance that the nominations be closed and that Cecil Goins be 
elected Sergeant-at-Arms of the 1999 Senate by acclamation prevails. The President 
declares Cecil Goins duly elected and appoints Senator Forrester, Senator Martin of 
Guilford, and Senator Plyler to escort the Sergeant-at-Arms-elect to the Well of the 
Senate. Senator Plyler is recognized and presents the Sergeant-at-Arms-elect, Cecil 
Goins. The Honorable James A. Wynn, Jr., Judge, North Carolina Court of Appeals, 
administers the prescribed Oath of Office and the President directs the Sergeant-at-Arms 
to assume his seat. 

RECOGNITION OF PARTY OFFICERS 

The President directs the Reading Clerk to read as follows: 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27601-1096 

January 4, 1999 

The Honorable Dennis A. Wicker 
President of the Senate 
State Legislative Building 
Raleigh, North Carolina 27601 

Dear President Wicker: 

This is to advise you that the Senate Democratic Caucus met on November 30, 1998, 
with 32 members present and nominated the following officers for the 1999 Session of the 
General Assembly: 



President Pro Tempore - Senator Marc Basnight 
Deputy President Pro Tempore - Senator Frank Ballance 

January 27, 1999 



1999] SENATE JOURNAL 37 

Caucus Chairman - Senator R. C. Soles 
Majority Leader - Senator Roy Cooper 
Majority Whip - Senator Luther Jordan 
Caucus Secretary - Senator Jeanne Lucas 
Principal Clerk - Ms. Janet Pruitt 
Reading Clerk - Mr. LeRoy Clark, Jr. 
Sergeant-at-Arms - Mr. Cecil Goins 

Sincerely, 

S/Jeanne Lucas 

Secretary, Democratic Caucus 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27601-2808 

MEMORANDUM 

To: Janet Pruitt January 21, 1999 

Senate Principal Clerk 

From: Patrick J. Ballantine 

■* 

Please be advised that the officials elected at the Republican Caucus for the 1999-2000 
Session are as follows: 

Senate Minority Leader - Patrick J. Ballantine 
Senate Minority Whip - James S. Forrester, M.D. 

The President recognizes the Caucus leaders and Senator Ballantine offers the 
following remarks: 

"As Senator Frank Ballance so eloquently proclaimed, we must look for common 
ground upon which we can build a better North Carolina. Senator Basnight, we look 
forward to a very productive, bipartisan, and hopefully, short Legislative Session." 

REMARKS BY THE LIEUTENANT GOVERNOR 

The President of the Senate, The Honorable Dennis A. Wicker, offers the following 
remarks: 

"The Chair at this time would like to make some remarks as is custom in the Senate. 
Mr. President Pro Tempore, thank you very much for your excellent and superb 
leadership. To Members of the Senate, family members, friends and guests, it is my 
distinct pleasure to welcome you to the opening of the 1999 North Carolina General 
Assembly. Today, in the tradition that goes back for more than two centuries, we 
reconvene this time for the last Session of the century. I pledge to fulfill my continuing 
responsibility to be fair, to maintain order, and to uphold the best traditions of North 
Carolina's oldest governing Body. But all of us here also have a new and respectful 
responsibility. When the Session ends, when the lights go down and the Chambers are 
empty, what will they say we set as our priority in the twenty-first century? I believe that 

January 27, 1999 



38 SENATE JOURNAL [Session 

priority must be education. Our progress in education has made North Carolina a model 
for the Nation. But we have only just begun to give our kids the best schools in America. 
We still have to do more and in education, we must not fall short because of a financial 
shortfall. The answer in my view is not to raise taxes and hurt our economic growth. 
Therefore, I urge you to consider and pass a state lottery dedicated absolutely to education. 
And if you oppose that, I ask you to at least let the people vote on a lottery in a 
referendum. I know this may offend certain powerful and special groups and I understand 
their objections are sincere and strong but I believe we have to put our children's future 
first. Let's make the maximum investment in education without raising taxes. Let's pass 
the state lottery so we can do as much as possible to make our schools the best they can be 
in the twenty-first century. But let's not pass the lottery to pay for a budget shortfall. 
Members of the Senate, that would be a big mistake! Putting one dime of lottery money 
into existing programs or general fund would be a big mistake, a big mistake that thirty-six 
other states have already made. Only Georgia has done it right. They have earmarked 
every lottery dollar for new programs in education. Programs that provide free 
kindergarten to every child and college scholarships to every deserving student. If this 
State is going to have the lottery, make education the winner. North Carolina should 
follow Georgia's example. Use the lottery to pay for new initiatives we need in education. 
Don't make that big mistake. Don't let a lottery supplant existing education dollars. 
Today you begin with a clean slate. Keep in mind that during this Session you will be 
writing your legacy - a legacy that could provide one of the most significant boosts to 
education in recent history. The future generations are counting on us to do the right 
thing. We must continue to strengthen our commitment to education even if it requires 
thinking and acting in new ways. Thank you and now lets go to work for North Carolina." 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate is organized and ready to proceed with the business 
of this First Regular Session of the 1999 General Assembly. 

INTRODUCTION OF A RESOLUTION 

A resolution filed for introduction is presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senators Rand, Albertson, Ballance, Carter, Clodfelter, Cooper, Dalton, Dannelly, 
Garrou, Hagan, Hoyle, Jordan, Lucas, Martin of Pitt, Metcalf, Miller, Odom, Phillips, 
Plyler, Purcell, Reeves, Robinson, Shaw of Cumberland, Soles, Warren, Weinstein and 
Wellons: 

S.J.R. 11, A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE 
AND HOUSE OF REPRESENTATIVES. 

Upon motion of Senator Rand, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (50-0) and third readings and is ordered sent by 
special message to the House of Representatives. 

RECONSIDERATION 

Senator Rand offers a motion, seconded by Senator Cooper, that the vote by which 
Senator Basnight was elected President Pro Tempore of the Senate be reconsidered and 

January 27, 1999 



1999] 



SENATE JOURNAL 



39 



further moves that the motion to reconsider do lie upon the table, which motions prevail 
(49-0). 

The President of the Senate extends courtesies of the floor to Dr. Harold King Rust II 
from Wilmington, North Carolina, who is serving the Senate as Doctor of the Day, and to 
Sandra Wilder from Lewisville, North Carolina, who is serving the Senate as Nurse of the 
Day. 

The President extends privileges of the floor to Jim Richardson, former Senator from 
Mecklenburg County. 

1999 - 2000 SENATE COMMITTEE CHAIRS 

Pursuant to Senate Rules 31 and 32, Senator Basnight, President Pro Tempore, 
announces the following Committees and appointments of the Committee Chairs for the 
1999-2000 Session: 



Agriculture/Environment/Natural Resources 
Appropriations/Base Budget 



Appropriations Subcommittees: 

Natural and Economic Resources 
Education/Higher Education 

Department of Transportation 
General Government 
Human Resources 
Justice and Public Safety 

Children & Human Resources 

Commerce 

Education/Higher Education 



Finance 






Health Care 

Information Technology 

Insurance 

Judiciary I 

Judiciary II 

Pensions & Retirement and Aging 

Rules & Operations of the Senate 

State & Local Government 

Transportation 



Senator Charlie Albertson 

Senator Aaron Plyler 
Senator Beverly Perdue 
Senator Fountain Odom 



Senator Bob Martin 
Senator Howard Lee 
Senator Walter Dalton 
Senator Luther Jordan 
Senator Ed Warren 
Senator Bill Martin 
Senator Wib Gulley 

Senator Jeanne Lucas 

Senator R. C. Soles 

Senator Howard Lee 
Senator Walter Dalton 

Senator John Ken- 
Senator David Hoyle 

Senator William Purcell 

Senator Eric Reeves 

Senator Allen Wellons 

Senator Roy Cooper 

Senator Brad Miller 

Senator Jim Phillips 

Senator Tony Rand 

Senator Ellie Kinnaird 

Senator Larry Shaw 



January 27, 1999 



40 SENATE JOURNAL [Session 

Ways & Means Senator Charlie Dannelly 

Select Committee Tobacco Settlement Issues Senator David Weinstein 



Upon motion of Senator Basnight, seconded by Senator Harris, the Senate adjourns at 
1:52 P.M. to meet tomorrow, Thursday, January 28, at 10:00 A.M. 



SECOND DAY 

Senate Chamber 
Thursday, January 28, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of truth and light, You have been made known to us through the power of Your 
Word. If, as the Gospel of John declares, the Word is the agent of creation and the 
embodiment of grace and truth, then surely our language ought to echo the beauty, the 
concreteness and the power of the One who has spoken us into being. 

"Instill in us a reverence for the flood of speech which will fill the Chamber this day, 
and teach us as well to cherish the sacredness of a timely silence. Touch our uncertain lips 
with a burning coal from Your Holy Altar. We make our prayer in Your Holy Name. 
Amen." 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, January 27, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Edward Spires 
Stanton from Sanford, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Eric Johnson from Winterville, North Carolina, who is serving the Senate as Nurse 
of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Perdue, Albertson, Ballance, Carter, Clodfelter, Cooper, Dalton, 
Dannelly, Garrou, Garwood, Gulley, Hagan, Harris, Hoyle, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Phillips, Plyler, Purcell, Rand, 
Reeves, Robinson, Soles, Warren, Weinstein and Wellons: 

S.B. 2, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
IMPLEMENT THE EXCELLENT SCHOOLS ACT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lee, Albertson, Ballance, Carter, Clodfelter, Cooper, Dalton, Dannelly, 
Garrou, Garwood, Gulley, Hagan, Harris, Hoyle, Jordan, Kerr, Kinnaird, Lucas, Martin of 

January 28, 1999 



1 999] SENATE JOURNAL 4 1 

Guilford, Martin of Pitt, Metcalf, Miller, Odom, Perdue, Phillips, Plyler, Purcell, Rand, 
Reeves, Robinson, Soles, Warren, Weinstein and Wellons: 

S.B. 3, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR THE 
SMART START PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Cooper, Albertson, Ballance, Carter, Clodfelter, Dalton, Dannelly, 
Garrou, Gulley, Hagan, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, 
Martin of Pitt, Metcalf, Miller, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, 
Robinson, Soles, Warren and Weinstein: 

S.B. 4, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
IMPLEMENT THE JUVENILE JUSTICE INITIATIVES ENACTED BY THE 1998 
REGULAR SESSION OF THE 1997 GENERAL ASSEMBLY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lee, Albertson, Carter, Clodfelter, Cooper, Dalton, Dannelly, Garrou, 
Garwood, Gulley, Hagan, Hoyle, Jordan, Kerr, Kinnaird, Lucas, Martin of Pitt, Martin of 
Guilford, Metcalf, Miller, Odom, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Soles, 
Warren, Weinstein and Wellons: 

S.B. 5, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
PERFORMANCE BONUSES UNDER THE ABC'S OF PUBLIC EDUCATION 
PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Rand, Albertson, Ballance, Carter, Clodfelter, Cooper, Dalton, Dannelly, 
Garrou, Gulley, Harris, Jordan, Kerr, Kinnaird, Lucas, Martin of Guilford, Martin of Pitt, 
Metcalf, Miller, Odom, Phillips, Plyler, Purcell, Robinson, Soles, Warren, Weinstein and 
Wellons: 

S.B. 6, A BILL TO BE ENTITLED AN ACT TO APPROVE THE CREATION OF 
THE NONPROFIT CORPORATION ESTABLISHED PURSUANT TO COURT 
ORDER FOR THE PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY 
PERCENT OF THE FUNDS RECEIVED BY THE STATE IN STATE OF NORTH 
CAROLINA V. PHILIP MORRIS INCORPORATED, ET AL. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Odom, Albertson, Ballance, Carter, Dalton, Dannelly, Garrou, Gulley, 
Hoyle, Jordan, Kerr, Kinnaird, Lucas, Martin of Guilford, Martin of Pitt, Miller, Perdue, 
Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Soles, Warren, Weinstein and Wellons: 

S.B. 7, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS OF NORTH 
CAROLINA TO IMPROVE THE QUALITY OF THE ENVIRONMENT OF THE 
STATE AND TO APPROPRIATE FUNDS FOR THAT PURPOSE. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Hoyle, Ballance, Carter, Cooper, Dalton, Dannelly, Jordan, Kerr, Lee, 
Lucas, Martin of Pitt, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, 
Soles, Warren and Wellons: 

S.B. 8, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT AN ACT TO 
AMEND THE CONSTITUTION TO LIMIT THE LENGTH OF LEGISLATIVE 
SESSIONS AND TO PROVIDE FOUR- YEAR TERMS FOR MEMBERS OF THE 
SENATE. 

Referred to Judiciary II Committee. 

January 28, 1999 



42 SENATE JOURNAL [Session 

By Senators Hoyle, Garwood, Kerr and Purcell: 

S.B. 9, A BILL TO BE ENTITLED AN ACT TO LIMIT THE LENGTH OF 
LEGISLATIVE SESSIONS AND TO PROVIDE FOUR-YEAR TERMS FOR 
MEMBERS OF THE SENATE. 

Referred to Judiciary II Committee. 

By Senators Perdue, Albertson, Ballance, Carter, Cooper, Dalton, Dannelly, Garrou, 
Gulley, Harris, Hoyle, Jordan, Kerr, Kinnaird, Lucas, Martin of Guilford, Martin of Pitt, 
Metcalf, Miller, Odom, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Soles, Warren, 
Weinstein and Wellons: 

S.B. 10, A BILL TO BE ENTITLED AN ACT TO ENACT REFORMS IN THE 
LONG-TERM CARE INDUSTRY IN ORDER TO IMPROVE QUALITY OF CARE, 
INCREASE PROTECTION OF RESIDENTS, AND STRENGTHEN STATE 
OVERSIGHT OF INDUSTRY PRACTICES. 

Referred to Health Care Committee. 

By Senators Odom, Ballance, Carter, Clodfelter, Dannelly, Gulley, Hartsell, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Miller, Phillips, Plyler, Purcell, 
Rand, Reeves, Shaw of Cumberland, Warren, Weinstein and Wellons: 

S.B. 12, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION 
OF NORTH CAROLINA TO PROVIDE FOR GUBERNATORIAL NOMINATION OF 
JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF 
APPEALS, LEGISLATIVE CONFIRMATION, AND RETENTION BY VOTE OF THE 
PEOPLE. 

Referred to Judiciary I Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
January 27, 1999 

Mr. President: 

It is ordered that a message be sent to the Senate informing your Honorable Body that 
the House of Representatives is organized and is now ready to proceed with the public 
business and has elected the following officers: 

Speaker: James B. Black 

Speaker Pro Tempore: Joe Hackney 

Principal Clerk: Denise G. Weeks 

and pursuant to House Rule 45(c), the Speaker has appointed: 

Sergeant-At-Arms: Robert R. Samuels 

Further be advised that the House has been notified of the election of the following 
party officers: 

Majority Leader: Philip A. Baddour, Jr. 

Majority Whips: Beverly Earle and Andrew T. Dedmon 

January 28, 1999 



1999] 



SENATE JOURNAL 



43 



Minority Leader: 
Minority Whip: 
Joint Caucus Leader: 



N. Leo Daughtry 
Julia C. Howard 
Carolyn B. Russell 

Respectfully, 
S/Denise G. Weeks 
Principal Clerk 



APPOINTMENT BY THE GOVERNOR 









STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

November 20, 1998 












Ms. Janet Pruitt 

Principal Clerk of the Senate 

North Carolina General Assembly 

Legislative Building 

16 West Jones Street 

Raleigh, NC 27603-5925 

Dear Ms. Pruitt: 































Pursuant to General Statute 62-10, I hereby appoint Mr. Robert Koger to serve as a 
member of the North Carolina Utilities Commission and submit his name for confirmation 
by the North Carolina General Assembly. Mr. Koger will complete the unexpired term of 
Commissioner Allyson K. Duncan. His term shall begin immediately upon taking the oath 
of office and he shall continue to serve on an interim basis pending legislative 
confirmation. His term shall expire June 30, 1999. 



My warmest personal regards. 
Referred to Commerce Committee. 



Sincerely, 
S/James B. Hunt Jr. 






EXECUTIVE ORDERS 



Executive Orders received in the Office of the Senate Principal Clerk are presented to 
the Senate and read as follows: 

Executive Order Number 141, Extending Executive Orders. 

Executive Order Number 142, Amending Executive Order Number 16, the 
Geographic Information Coordinating Council and the Center for Geographic Information 
and Analysis. 

Executive Order Number 143, Establishing the North Carolina Information Highway 

January 28, 1999 



44 SENATE JOURNAL [Session 

Council of Advisors and the North Carolina Information Highway Policy Committee. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Jacqueline Yvette Bennett, Durham; Julie Bright, Garner; Paul Curry, Angier; 
Melissa Renee' Gwalthney, Raleigh; Emily Harrison, Cary; Jennifer Leonard, Castalia; 
Erin Magnuson, Wake Forest; Jeanne Bagley Morris, Raleigh; Jennifer E. New, Raleigh; 
Ryan Baskins Roberson, Raleigh; James Terez Sherrod, Raleigh; Daniel Strayer, 
Raleigh; Chad Swanson, Angier; and Kevin Neal Wester, Louisburg. 

Upon motion of Senator Basnight, seconded by Senator Carter, the Senate adjourns 
subject to ratification of bills, to meet Monday, February 1, at 6:30 P.M. 

ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution duly ratified, properly enrolled 
and presented to the Office of the Secretary of State: 

S.J.R. 11, A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE 
AND HOUSE OF REPRESENTATIVES. (Res. 1) 

Pursuant to the adjournment motion by Senator Basnight prevailing earlier, the Senate 
adjourns at 12:12 P.M. 



THIRD DAY 

Senate Chamber 
Monday, February 1, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of strength, our Mighty Fortress, we firmly place our trust in You, for we are 
like creatures of the sea. We feel the impulse of public opinion as if it were the coastal 
tide which we can neither fully understand nor fully control. We are pulled and lifted up 
just as relentlessly as we are swept down. Set us on firm footings, we pray. 

"Give us a sound faith to ground us, that we might strike our roots deep into the 
bedrock of Your being and stand firm when the storms of controversy threaten to uproot 
us. For we seek only to know Your Will and Your way, and it is in Your Holy Name that 
we pray. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Horton and Senator Odom. 



February 1, 1999 



1999] SENATE JOURNAL 45 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
January 28, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Richard Vernon 
Liles, Jr. from Albemarle, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Dennis Sherrod from Raleigh, North Carolina, who is serving the Senate as Nurse 
of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Metcalf and Carter: 

S.B. 13, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO THE 
BLUE RIDGE AREA MENTAL HEALTH CENTER TO INCREASE CONTRACTED 
BED UTILIZATION AT FIRST STEP FARM OF WESTERN NORTH CAROLINA, 
INC. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf and Carter: 

S.B. 14, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE SMALL BUSINESS CENTER AT ASHEVILLE-BUNCOMBE TECHNICAL 
COMMUNITY COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carter and Metcalf: 

S.B. 15, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE PURPOSE OF UNDERWRITING THE KITUWAH FESTIVAL. 
Referred to Appropriations/Base Budget Committee. 

By Senators Carter and Metcalf: 

S.B. 16, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CAPITAL IMPROVEMENTS TO THE HIGHSMITH CENTER AT THE UNIVERSITY 
OF NORTH CAROLINA AT ASHEVILLE. 

Referred to Appropriations/Base Budget Committee. 

The hour having arrived, pursuant to S.J.R. 11, A JOINT RESOLUTION 
INFORMING HIS EXCELLENCY, GOVERNOR JAMES B. HUNT, JR., THAT THE 
GENERAL ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH 
PUBLIC BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT 
SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES, the President 
orders a special message sent to the House of Representatives informing that Honorable 
Body that the Senate stands ready to repair to the Hall of the House of Representatives, 
there to sit in Joint Session with that Honorable Body for the purpose of receiving a 
message from The Honorable James B. Hunt, Jr., Governor. 

APPOINTMENT OF ESCORT COMMITTEE 

The President recognizes Senator Basnight, President Pro Tempore, who appoints 
Senator Soles, Chairman; Senator Ballance; Senator Cooper; Senator Plyler; Senator 

February 1, 1999 



46 SENATE JOURNAL [Session 

Perdue; and Senator Forrester as the Committee to escort The Honorable James B. 
Hunt, Jr., to the Joint Session of the General Assembly. 

REPORT TO GENERAL ASSEMBLY 

A Board, Commission, or Agency directed to report to the General Assembly submits 
a report which is ordered placed on file in the Legislative Library, as follows: 

The North Carolina Department of Revenue, along with the Office of the State 
Controller, and the Office of the State Budget and Management, submit the State North 
Carolina Summary of Financial Condition, December 31, 1998. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 11 House of Representatives 

February 1, 1999 

Mr. President: 

Pursuant to S.J.R. 11, A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE 
AND HOUSE OF REPRESENTATIVES, the Speaker appoints the following members of 
the House of Representatives to serve with a like Committee of the Senate to escort 
Governor James B. Hunt, Jr. to the Joint Session: 

Representative Hackney, Chair 
Representative Baddour, 
Representative Wright, 
Representative Earle, and 
Representative Dedmon 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

The following special message is received from the House of Representatives: 

S.J.R. 11 House of Representatives 

February 1, 1999 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the message that 
pursuant to S.J.R. 11, A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES B. HUNT, JR., THAT THE GENERAL ASSEMBLY IS 
ORGANIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND 
INVITING THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE 

February 1, 1999 



1999] SENATE JOURNAL 47 

AND HOUSE OF REPRESENTATIVES, the House stands ready to receive your 
Honorable Body in Joint Session. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

Senator Basnight offers a motion in accordance with S.J.R. 11, that the Senate stand in 
recess to repair to the Hall of the House of Representatives, there to sit in Joint Session for 
the purpose of receiving the State-of-the-State Address from The Honorable James B. 
Hunt, Jr., Governor, and further moves that, upon dissolution of the Joint Session, the 
Senate return to the Senate Chamber for further consideration of business, which motions 
prevail. 

The President declares the Senate in recess. The Senate, preceded by its officers, 
repairs to the Hall of the House of Representatives. 

JOINT SESSION 

With members of the House of Representatives standing, the Senate is received in the 
Hall of the House of Representatives. 

The Speaker of the House of Representatives presides and recognizes the Sergeant-at- 
Arms of the House of Representatives who announces the members of the North Carolina 
General Court of Justice. The Speaker directs the Sergeant-at-Arms of the House of 
Representatives to open the doors and escort the members of the Judiciary to their seats. 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the members of the Council of State and the Governor's Cabinet. The Speaker 
directs the Sergeant-at-Arms to open the doors of the House of Representatives and escort 
the members of the Council of State and the Governor's Cabinet to their seats. 

The Speaker extends the courtesies of the gallery to Mrs. Carolyn Hunt, wife of 
Governor Hunt, Mrs. Alisa Wicker, wife of Lieutenant Governor Wicker, and all invited 
guests. 

The Speaker relinquishes the gavel to Lieutenant Governor Dennis A. Wicker, 
President of the Senate, who presides. 

The President of the Senate calls the Joint Session of the General Assembly to order. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of 
Representatives, who announces the presence of His Excellency, Governor James B. Hunt, 
Jr. The President directs the Sergeants-at-Arms of the House of Representatives and the 
Senate and the Committees appointed by the President Pro Tempore of the Senate and the 
Speaker of the House of Representatives to escort the Governor to the Well of the House 
of Representatives. Senator Soles presents the Governor to the President of the Senate. 
The President presents His Excellency, Governor James B. Hunt, Jr., who delivers the 
State-of-the-State Address to the 1999 General Assembly. 

February 1, 1999 



48 SENATE JOURNAL [Session 

STATE-OF-THE-STATE ADDRESS 
"First in America: A Goal for North Carolina's Schools" 

"Mr. President, Mr. Speaker, Mr. President Pro Tern, Members of the General 
Assembly, distinguished guests and my fellow North Carolinians. 

"With great pride and gratitude, I report to you tonight that the state of our State has 
never been better. Our economy has never been stronger. In the past six years, North Carolina 
has created more than six hundred thousand new jobs. Industrial investment has totaled 
thirty-five billion dollars, and last year reached an all-time high of nearly eight billion dollars. 
Unemployment is the lowest it's been in thirty years. We've brought in new industries and new 
jobs - some of them paying sixty thousand dollars a year - to the most hard-pressed areas of 
North Carolina. Because of what this Legislature has done, we are building one of the strongest 
economies in North Carolina, anywhere in America. 

"The violent crime rate is down. It's down fifteen percent. We've cut North 
Carolina's welfare rolls in half. Our teenage pregnancy rate is the lowest in twenty years. 
Smart Start has provided child care and preventive health care for more than one hundred 
thousand children. And we're putting more money and more effort into cleaning up our 
rivers and coastal waters than ever before. Because of what this Legislature has done, 
North Carolina is becoming an even better place to live and to raise a family. 

"This has truly been a decade of remarkable progress. But the most remarkable 
progress - and the progress that should make us proudest - has come in our schools. 
President Clinton may have surprised you in the State of the Union address when he said 
that North Carolina students had made the biggest gains in test scores in the nation. That 
may surprise you, but it's true. North Carolina's not just leading the South, North 
Carolina is leading the nation in education reform. 

"Now, that's not just Jim Hunt bragging on us. That's what the National Education 
Goals Panel says. The Goals Panel is a bipartisan group of state and federal leaders 
started in 1990 by President Bush and the nation's Governors. They reported in December 
that North Carolina's schools have made more progress in more areas than any other state. 
Let me give you some facts that you may not know: 

"First, on math and reading tests given nationwide to fourth and eighth-graders, our 
students are making the highest gains of any state, and for the first time they're scoring 
above the national average. 

"Second, a national study ranked North Carolina one of the two top states in improving 
teaching. Oh, by the way, we have more National Board Certified Teachers than any other 
state in America. 

"Third, the National Goals Panel say we were one of the top two states in business and 
community support for public education. 

"Fourth, our SAT scores have gone up more than any other state in the last ten years - 
they're up thirty-four points. 

"Fifth, we've increased the percentage of students graduating from high school, we've 
doubled the number who scored high on advanced placement tests and increased the 

February 1, 1999 



1999] SENATE JOURNAL 49 

number of college students, especially minorities and women, earning degrees in math and 
science. 

"Sixth, the school violence rate is down nineteen percent, and the number of guns found in 
schools has been cut by two-thirds. 

"Seventh, with Smart Start, we're doing more than any other state to make sure that our 
children start school healthy and ready to learn. The number of babies born with health 
problems is down, and the number of children with immunizations is up. Just since 
October, this State has provided health insurance and health care to thirty-eight thousand 
children who didn't have it before. 

"Eighth, we're raising the salaries and standards of teachers, and we are the first state to 
require computer proficiency for high school graduation. 

"Ninth, we're holding ourselves accountable for results. Education Week magazine says 
that no state is doing more than North Carolina to put in place a real and meaningful set of 
accountability measures. 

"Tenth, Education Week ranks us as one of the twelve top states in public education 
overall. 

"Folks, that is what we're doing in North Carolina schools and we ought to be proud 
of it. But you know none of that tells the full story about what North Carolina has done. 
You have to look at what's happening in our communities - like Rutherford County, 
Senator Dalton. Before Smart Start, the county had a long waiting list for day care, no 
care for children with special needs, not one AA-quality child care center. 

"Today, after four years of Smart Start, there are twelve AA care centers. Seventy-one 
families that couldn't afford child care are getting it today. Over one hundred child care 
spaces have been created for parents who work second and third shifts and weekends. 
Seventy Head Start spots have been created. And the county is working with a nonprofit 
to establish a new day care center for seventy-five children, half of them children with 
special needs. I want to urge every single legislator here tonight to go see what Smart 
Start is doing in your district, and I urge you to go visit your schools and see for yourself 
the progress they're making. 

"Lenoir County schools raised the rate of students performing at grade level from 
sixty-two percent to ninety-three percent. Johnston County has raised the percentage of 
students in the third through eighth grades who are scoring at grade level from sixty-five 
percent to ninety percent, and a high proportion of those are African-American students. 

"There's a school in Kannapolis - Representative Richard Moore, you and I visited 
Wilson Elementary School, where more than half the kids come from low-income 
families. But they have gone from being the lowest math and reading scores in that school 
system to being the highest. That's the kind of progress that's happening all across North 
Carolina and we ought to be very proud of it. 

"So, the President was right when he said North Carolina is leading the nation, and the 
credit goes to teachers and students, parents, and principals. And, the credit goes to the 
Members of this General Assembly, on both sides of the aisle, who made a commitment to 
excellent schools. Because of you, it's working in North Carolina. Now, it's working 

February 1, 1999 



50 SENATE JOURNAL [Session 

because we're doing what we set out to do. When the '90s began, North Carolina had 
begun falling behind. There had been too much start-and-stop reform. Like a lot of states, 
we'd jumped on a new reform bandwagon every couple of years, a 'flavor of the month' 
approach. It wasn't working. We were determined to stop that slide. We decided we 
could do better. We decided to set clear goals and priorities. We vowed to stick with 
them. We pledged to sustain our efforts year after year. 

"That is what we have done. Our work has paid off. The Members of this Legislature 
have kept their commitment to excellence in education and our schools are getting better 
because you made that commitment. Now folks, we've come a long way. But think how 
far we have to go. And think, if we can make this kind of improvement in this decade, 
what can we do in the decade ahead? 

"So as we celebrate our progress, let's resolve to finish what we started. Let's finish 
building this foundation. Let's not be satisfied with what we've done in this decade. Let's 
aim even higher in the next decade. Let's aim higher than we've ever dreamed of. I 
believe that if we can lead the nation in education progress, we can lead the nation in 
education period. 

"So tonight, I'm announcing a new initiative to set new goals for our schools. I 
challenge North Carolinians to raise our sights and raise our schools to an even higher 
level. Let's commit ourselves to this ambitious goal. 

''By the year 2010, North Carolina will build the best system of public schools of any 
state in America. By the end of the first decade of the Twenty-first Century, we will be 
first in education in this Nation. 

"You heard me right. The best system of public education in America, the best 
schools. First in education. Now, what does that mean? It means being first in preparing 
our young people for the Twenty-first Century economy. It means being first in educating 
and equipping them to compete with anybody anywhere. It means being first in out- 
working and out-thinking our competitors all across the nation and all around the world. 

"How do we get there by 2010? The same way we got here. First, set clear goals. 
Then set benchmarks so we can measure our progress and compare ourselves to other 
states. Then get to work. 

"To get us started, I will this week issue an Executive Order directing the North 
Carolina Education Cabinet to develop a set of First in America School Goals. These 
goals will set out exactly what we believe it will take to be First in America by 2010. 
They should include these measures of true excellence in education: 

"First, getting young children ready to start school. 

"Second, putting in rigorous academic standards. 

"Third, ensuring that all teachers are trained in the subjects they teach. 

"Fourth, requiring all teachers to undergo stringent evaluations throughout their careers. 

"Fifth, turning around schools where students aren't learning. 

"Sixth, enforcing tough discipline policies. 



February 1, 1999 



1 999] SENATE JOURNAL 5 1 

"Seventh, requiring meaningful high school graduation exams. 
"Eighth, getting parents, businesses, and communities involved in the schools. 






"Ninth, finding a volunteer mentor for every child who needs one; and 

"Tenth, developing a report card — for every school and for our State. Parents and 
taxpayers need information about individual schools — things like test scores, school 
safety, graduation rates, and teacher qualifications. And, just as we use a report card to 
measure the progress of our children, we need a report card that measures the progress of 
our State. We need a single sheet of paper that will tell us how we're doing and whether 
we're on track to be First in America by 2010. 

"The Education Cabinet is the right group to do it. It was created by the Legislature. 
It is chaired by the Governor. It includes the Superintendent of Public Instruction, the 
Chairman of the State Board of Education, the President of the University of North 
Carolina System, and the President of the Community College System. Our private 
colleges and universities are also represented. 

"The Education Cabinet is made up of our best and brightest education leaders and I 
want, and we need, their leadership on this. Some of them are here tonight. They're up 
sitting in the gallery with the First Lady. And speaking of leadership, my wife, Carolyn, 
has been a teacher in our schools, she's been a school board member, and every week she 
mentors two students in Wake County's schools. I'd like to salute her leadership tonight. 

"With her are Molly Broad, President of our University System. She is the Nation's 
leader in building strong partnerships between universities and public schools and charting 
the way into a high-tech future. Martin Lancaster, President of our State Community 
Colleges. He's working hard to make sure we get and keep the very best faculty for our 
community colleges, faculty who can train our workers and help us bring in good jobs. 
Mike Ward, Superintendent of Public Instruction. He's in the schools every day with an 
absolute determination to see that every child in North Carolina gets a good education. 
Phil Kirk, Chairman of our State Board of Education, one of our strongest leaders and 
strongest voices for public schools. Phil knows how much the business community needs 
good schools, and how much the schools need the support of our business leaders. 

"Also with them are Ben Ruffin, Chairman of the UNC Board of Governors; Hope 
Williams, President of our Independent Colleges & Universities; Ashley Thrift, Chairman 
of North Carolina's Smart Start; Rebecca Hoyle of Jacksonville, our State Teacher of the 
Year; Pandora Bell of Greensboro, Principal of the Year; Jerry Weast of Greensboro, 
Superintendent of the Year; and other leaders of our State's teachers, principals, 
superintendents, school boards and parents. Folks, we are blessed in having their 
leadership and I hope you will join me in thanking them for all they do for North Carolina. 

"The Education Cabinet, along with our fine State Board of Education and our State's 
parents, educators, business leaders, and others, can make sure that we can address the 
entire education system. It can make sure that all parts of our system are working 
together. I will ask the Education Cabinet to develop these First in America School Goals 
by the start of the next school year, September 1, 1999. Then let's get to work meeting 
them. And folks, let's set North Carolina on a new course for the future. 



February 1, 1999 



52 SENATE JOURNAL [Session 

"Never before, never in any of our memory, in our history have we set such an 
ambitious goal. And never before have we needed a statewide effort of this scope. Our 
future is at stake. Now, let me tell you how I look at the future. I look at it in terms of my 
new grandson Jonas, who was born January fifth, and I think of it in terms of my other 
grandchildren - including Hannah and Joseph who are here tonight. Now, I want the same 
things for them that you want for your children and your grandchildren. Think about your 
children and grandchildren right now. What do you want for them? 

"We want them to go to a good, well-built, well-equipped, safe school. We want them 
to have good teachers every year in every class, caring, committed, excited, inspiring 
teachers. We want them to earn high school diplomas that mean they can think for a 
living. We want them to go to college and acquire the knowledge and skills they'll need 
to get a good job, have a good career, and be good citizens. 

"Isn't that what every one of us wants for our children and grandchildren? Folks, it's 
what we ought to want for every single child in North Carolina. 

"Now, let me say something here that a few of you may want to applaud. This is my final 
State-of-the-State speech, and these are my final two years as Governor. I promise! 

"But I do not see these two years as the end of anything. I see them as a beginning. 
And I'm going to devote every ounce of my energy to this cause. 

"If you'll make this commitment to excellence in education, I will do everything I can 
to see that the next Governor and the next General Assembly, and the next and the next 
keep it. 

"I may not be running for anything, but I haven't run out of ambition for North 
Carolina. I'm not interested in building a legacy. I am interested in building our future. 
Now, some people are going to say that we can't do this. I say 'bull', and my wife won't 
let me say anything more. 

"The same people said North Carolina couldn't afford to raise teachers' salaries to the 
national average. But if this Legislature passes the final two steps of the Excellent 
Schools Act, North Carolina will reach the national average in teacher salaries next year. 
This Legislature made that commitment, and it's clear that this Legislature is going to keep it. 

"We launched a war against crime in 1994. The skeptics said there was nothing we 
could do about crime. We just had to accept it. We didn't accept it. We put more violent 
criminals in prison, we more than doubled the time felons stay behind bars and today, 
more than twenty thousand inmates are working. Crime is down in North Carolina and 
our people are safer. This Legislature made that commitment and this Legislature kept it. 

"We said replace welfare with Work First. The skeptics said it couldn't be done. 
Today Work First is working. More than one hundred eighty thousand North Carolinians 
are living on a paycheck instead of a welfare check. This Legislature made that 
commitment and this Legislature kept it. 

"And boy, did the cynics scoff when we said give every child in North Carolina a 
smart start and do it without a big bureaucracy. Today, instead of hundreds of bureaucrats 
in Raleigh, we've got thousands of caring, dedicated citizens across this State working to 

February 1, 1999 



1999] SENATE JOURNAL 53 

give babies and young children better health care, better child care and better early 
education. Folks, this Legislature made that commitment and this Legislature kept it. 

"And they said we couldn't do it all and cut taxes, too. Wrong again. North Carolina 
cut taxes by 1.5 billion dollars. No state near our size cut taxes more. The people of 
North Carolina are keeping more of their money, and they're getting more for their 
money. This Legislature made that commitment, and this Legislature kept it. 

"So when they tell you our schools can't be first in America, just remember, they've 
been wrong about North Carolina before and they're wrong again. 

"But, I wouldn't be too hard on them. After all, they're probably the same folks who 
said that skinny kid from Laney High School in Wilmington would never make it in the 
ACC. They never imagined that Michael Jordan would become the greatest athlete in 
America. But if one young man from North Carolina can do all that, I don't believe 
there's any limit to what all of us in North Carolina can do together. 

"We can reach the goal of being First in America by 2010. But first, we have to finish 
what we started six years ago. We have to finish building the foundation for the future. 
That means doing four things this year. 

"First, Smart Start. It's established now in one hundred counties, but we're only 
halfway where we need to be. The last forty-five counties didn't get it until last October. 
They've barely scratched the surface of what needs to be done for their children. Folks, 
Smart Start is one of the most innovative and successful new ideas in this country, and this 
year let's make good on our commitment to give a smart start to every child in North 
Carolina. 

"Second, let's finish the job of raising teacher standards and teacher salaries. This 
year, folks, we'll raise the bar for what it takes to become a teacher and to stay a teacher in 
North Carolina. At the same time, we're raising the salary schedule and we're giving 
extra pay for extra duties and accomplishments. In the next two years, we'll get the 
average teacher salary up to forty-two thousand dollars. That ought to put us right at the 
national average, and that is enormous progress. But, folks, if we want to be First in 
America by 2010, we're going to have to do even more in the years ahead. The real secret 
to good schools is simple - it's good teachers. Let's give our teachers in North Carolina 
the status, the respect, and the pay they deserve. 









"Third, let's make our schools havens for discipline and order, not disrespect and 
disruption. Parents shouldn't have to take their children out of public schools to keep 
them safe. Instead, we ought to take troublemakers out of the classroom and put them in 
settings where they can learn the 3 R's, plus respect and responsibility. Let's make our 
schools safe places to learn in North Carolina - all of them. 

"Fourth, and you've already acted on this, let's end social promotions in North 
Carolina's schools. Let's put in place real standards and accountability. Let's ensure that 
students are learning the basics, and let's guarantee that a high school diploma means what 
it ought to mean. Let's make North Carolina the first state in the nation to do all of these 
together. 

■ 

"We must stop promoting students who haven't learned and we must stop graduating 
students who aren't ready. If they haven't learned, it's not right to pass them along for 

February 1, 1999 



54 SENATE JOURNAL [Session 

somebody else. And, it's not right for students to graduate with a high school diploma and 
not be able to get a job. 

"Let me tell you what is right. It is right to identify the students who need help early, 
figure out what they need and focus on giving them the help they need, whether it's after- 
school programs, Saturday classes or a volunteer mentor. Every child in North Carolina 
has a right to a good education, and let's keep that commitment this year. 

"So this is our foundation. Give every child a smart start. Develop and reward 
excellent teachers. Make schools safe places to learn. And make sure our students are 
learning. Now, some of you may say this is the same old stuff I've been saying for six 
years. You're right, and let me tell you, the same old stuff is the right stuff. It's time we 
stick to what works. 

"So, next week I will submit a budget that puts our money where it ought to be. And 
we will have enough money to do the job. 

"Court decisions have tied our hands to some extent. They've tied up a billion dollars 
over two years. But North Carolina's economic growth is strong. It will give us enough 
money to deal with that problem and pay for our top priorities - Smart Start and Excellent 
Schools. In addition, I will keep my promise to you to recommend one hundred fifty 
million dollars in budget cuts each year. In fact, this year's budget will have over two 
hundred million dollars in spending cuts. 

"Even by conservative estimates, the growth of our economy over the next five years 
will give North Carolina a surplus at the end of that time of nearly nine hundred million 
dollars a year. The Legislature did not cut taxes too much and we do not need to raise 
taxes this year. 

"We have the money we need, but we don't have any money to waste. Every one of 
our education dollars must go to public education. I am unalterably opposed to taking 
money out of the public schools and giving it to private schools. If you want to see me use 
this veto pen, send me a voucher bill. We must put public schools first in North Carolina. 
That is the great tradition we inherit. 

"Two hundred years ago, North Carolina was the first State in America to establish a 
public university, the people's university. One hundred years ago, Governor Aycock and 
the Legislature committed North Carolina to build a new schoolhouse every day, the 
people's schools. Nearly a half-century ago, it was my joy to work with him - Terry 
Sanford and this Legislature committed North Carolina to give every child a quality 
education. 

"Now it's our time. It's our obligation to build on North Carolina's tradition. It's our 
opportunity to build a new future for our State and our people. It's our turn to fulfill 
Governor Aycock 's promise - to give every child the opportunity 'to burgeon out all that 
is within them .' We must do it, and we must do it together. 

"So I close tonight by asking you, the Members of this General Assembly, to accept 
this challenge. I ask you to make this commitment to the people's schools. I ask you to 
dedicate North Carolina to the goal of being first in education. 

February 1, 1999 



1999] SENATE JOURNAL 55 

"I'm going to ask you personally, face to face, right here in this Chamber tonight. 
When I finish, I am not going to walk down the aisle as I've done many times and out the 
door. I will come to you, starting right over here, and I want to shake hands with every 
member who will accept this challenge. I will ask for your help. 

"Let's make this commitment - together. Let's finish what we started just six years 
ago. Let's finish building a new foundation for our future. Let's set a bold new course for 
North Carolina at the beginning of a new century. Let's set the goal of becoming first in 
education in America by 2010. Let's resolve to give every single child the chance to 
realize the full measure of their potential and their dreams. Let's secure for every one of 
them the promise that is North Carolina. 

"Thank you, and God bless North Carolina." 

Upon the conclusion of his address, Governor Hunt greets the members of the 
1999 General Assembly and departs from the Hall of the House of Representatives. 

Upon motion of Senator Basnight, the Joint Session is dissolved and pursuant to the 
motion prevailing earlier, the Senate returns to the Senate Chamber for further 
consideration of business. 

The Senate meets pursuant to recess and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

COMMITTEE REFERRAL RECALL 

S.B. 6, A BILL TO BE ENTITLED AN ACT TO APPROVE THE CREATION OF 
THE NONPROFIT CORPORATION ESTABLISHED PURSUANT TO COURT 
ORDER FOR THE PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY 
PERCENT OF THE FUNDS RECEIVED BY THE STATE IN STATE OF NORTH 
CAROLINA V. PHILIP MORRIS INCORPORATED, ET AL, referred to the Rules and 
Operations of the Senate Committee on January 28. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the 
Select Committee on Tobacco Settlement Issues, which motion prevails with unanimous 
consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Select Committee on Tobacco Settlement 
Issues. 

COMMITTEE APPOINTMENTS 

Pursuant to Rules 31 and 34, Senator Basnight, President Pro Tempore announces the 
appointments of members to standing committees, as follows: 

AGRICULTURE/ENVIRONMENT/NATURAL RESOURCES 

Chair: Senator Albertson 

Vice-Chairs: Senator Gulley 

Senator Horton 

Senator Robinson 

Senator Wellons 

February 1, 1999 



56 SENATE JOURNAL [Session 

Ranking Minority: Senator Cochrane 

Members: Senators Clodfelter, East, Garrou, Garwood, Hagan, 

Harris, Hartsell, Kinnaird, Martin of Guilford, 
Odom, Perdue, Phillips, Webster, and Weinstein 

APPROPRIATIONS / BASE BUDGET 

Co-Chairs: Senators Perdue 

Senator Plyler 

Senator Odom 
Vice-Chairs: Senator Allran 

Senator Cochrane 

Senator Forrester 

Senator Rand 

APPROPRIATIONS ON TRANSPORTATION 

Chair: Senator Gulley 

Vice-Chair: Senator Albertson 

Ranking Minority: Senator Carpenter 

Members: Senators Clodfelter, Hoyle, Miller, and Rucho 

APPROPRIATIONS ON EDUCATION/HIGHER EDUCATION 

Chairs: Senator Dalton 

Senator Lee 
Vice-Chair: Senator Carter 

Ranking Minority: Senator Hartsell 

Members: Senators Garrou, Garwood, Hagan, and Wellons 

APPROPRIATIONS ON GENERAL GOVERNMENT 

Chair: Senator Warren 

Vice-Chair: Senator Lucas 

Ranking Minority: Senator Foxx 

Members: Senators Allran, Harris, and Kinnaird 

APPROPRIATIONS ON HUMAN RESOURCES 

Chair: Senator Martin of Guilford 

Vice-Chair: Senator Dannelly 

Ranking Minority: Senator Forrester 

Members: Senators Kerr, Phillips, Purcell, and Shaw of Cumberland 

APPROPRIATIONS ON JUSTICE AND PUBIC SAFETY 

Chair: Senator Jordan 

Vice-Chair: Senator Ballance 

Ranking Minority: Senator East 

Members: Senators Carrington and Rand 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES 

Chair: Senator Martin of Pitt 

Vice-Chair: Senator Weinstein 

Ranking Minority: Senator Cochrane 

Members: Senators Horton, Metcalf, Moore, Reeves, and 

Robinson 

February 1, 1999 



1999] 



SENATE JOURNAL 



57 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



CHILDREN & HUMAN RESOURCES 

Senator Lucas 

Senator Dannelly 

Senator Martin of Guilford 

Senator Purcell 

Senator Forrester 

Senators Allran, Cochrane, East, Foxx, Garrou, 

Hagan, Kerr, Moore, Phillips, Warren, and 

Wellons 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



COMMERCE 

Senator Soles 

Senator Cochrane 

Senator Hoyle 

Senator Lee 

Senator Martin of Pitt 

Senator Warren 

Senator Ballantine 

Senators Ballance, Carpenter, Carrington, Carter, 
Dalton, Forrester, Foxx, Jordan, Kerr, Metcalf, 
Moore, Plyler, Purcell, Rand, Reeves, Rucho, 
Shaw of Cumberland, and Shaw of Guilford 



EDUCATION/HIGHER EDUCATION 



Chairs: 


Senator Dalton 




Senator Lee 


Vice-Chairs: 


Senator Dannelly 
Senator Hartsell 




Senator Hoyle 
Senator Warren 


Ranking Minority: 
Members: 


Senator Allran 

Senators Carter, Cochrane, Cooper, Forrester, Foxx, 
Garrou, Garwood, Gulley, Hagan, Horton, Lucas, 
Martin of Guilford, Perdue, Purcell, Robinson, 
and Rucho 




FINANCE 


Chair: 


Senator Hoyle 
Senator Ken- 


Vice-Chairs: 


Senator Cooper 



Ranking Minority: 
Members: 






Senator Shaw of Guilford 

Senator Soles 

Senator Weinstein 

Senator Allran 

Senators Albertson, Ballantine, Clodfelter, Cochrane, 
Dalton, Dannelly, Foxx, Gulley, Hartsell, Lee, 
Metcalf, Miller, Perdue, Phillips, Purcell, Rand, 
Reeves, Rucho, Shaw of Cumberland, Webster, 
and Wellons 



February 1, 1999 



58 



SENATE JOURNAL 



[Session 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



HEALTH CARE 

Senator Purcell 

Senator Lucas 

Senator Martin of Guilford 

Senator Phillips 

Senator Rucho 

Senators Cooper, Dannelly, Forrester, Garwood, 
Hagan, Hartsell, Metcalf, Miller, Moore, Perdue, 
Rucho, Warren, and Weinstein 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



INFORMATION TECHNOLOGY 

Senator Reeves 

Senator Garrou 

Senator Shaw of Cumberland 

Senator Rand 

Senator Horton 

Senators Carrington, Carter, Clodfelter 
Foxx, Gulley, Harris, Hoyle, Jordan 
Martin of Pitt, and Wellons 






Cochrane, 
Kerr, Lee, 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



INSURANCE 

Senator Wellons 
Senator Harris 
Senator Martin of Pitt 
Senator Reeves 
Senator Soles 
Senator Carrington 

Senators Bal lance, Ballantine, East, Metcalf, Miller, 
Rand, and Webster 



Chair: 
Vice-Chairs: 

Ranking Minority: 
Members: 



JUDICIARY I 

Senator Cooper 
Senator Clodfelter 
Senator Hartsell 
Senator Soles 
Senator Carpenter 
Senators Albertson, 

Gulley, Hoyle, 

Wellons 



Allran, Ballantine, 
Lucas, Metcalf, 



Carrington, 
Rand, and 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



JUDICIARY II 

Senator Miller 
Senator Ballance 
Senator Dalton 
Senator Hagan 
Senator Odom 
Senator Shaw of Guilford 

Senators Forrester, Horton, Kerr, Kinnaird, Lee, 
Martin of Guilford, Moore, Robinson, and Rucho 



February 1, 1999 



1999] 



SENATE JOURNAL 



59 



PENSIONS & RETIREMENT AND AGING 



Chair: 
Vice-Chairs: 

Ranking Minority: 
Members: 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



Senator Phillips 
Senator Kinnaird 
Senator Shaw of Cumberland 
Senator Moore 

Senators Albertson, Carpenter, Clodfelter, Jordan 
Odom, Plyler, Shaw of Guilford, and Weinstein 



RULES AND OPERATIONS OF THE SENATE 



Senator Rand 

Senator Carrington 

Senator Cooper 

Senator Gulley 

Senator Forrester 

Senators Albertson, Dalton, Horton, Hoyle, Jordan, 

Kinnaird, Martin of Pitt, Metcalf, Plyler, Rucho, 

and Soles 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 



STATE AND LOCAL GOVERNMENT 

Senator Kinnaird 
Senator Dalton 
Senator Jordan 
Senator Metcalf 
Senator Miller 
Senator Webster 

Senators Albertson, Ballance, Clodfelter, Garwood, 
Horton, Robinson, Shaw of Guilford, and Soles 



Chair: 
Vice-Chairs: 



Ranking Minority: 
Members: 






TRANSPORTATION 

Senator Shaw of Cumberland 
Senator Carpenter 
Senator Gulley 
Senator Lee 
Senator Garwood 

Senators Carrington, Carter, Harris, Hartsell, Hoyle, 
Martin of Pitt, Odom, Plyler, Rand, and Rucho 



Chair: 
Vice-Chairs: 

Ranking Minority: 
Members: 



WAYS & MEANS 
Senator Dannelly 
Senator Ken- 
Senator Lucas 
Senator Allran 
Senators Ballance, 
Hoyle, Martin 



Ballantine, Carrington, East, 
of Pitt, Odom, Perdue, Plyler, 



Warren, Webster, and Weinstein 

SELECT COMMITTEE ON TOBACCO SETTLEMENT ISSUES 

Chair: Senator Weinstein 

Vice-Chairs: Senator Albertson 

Senator Perdue 

Senator Warren 

Senator Wellons 



February 1, 1999 



60 SENATE JOURNAL [Session 

Ranking Minority: Senator Hartsell 

Members: Senators Ballance, Carter, Cochrane, Dannelly, East, 

Forrester, Garrou, Gulley, Harris, Horton, Kerr, 
Martin of Pitt, Metcalf, Purcell, Rand, Robinson, 
and Soles 

ADDITIONAL SPONSOR 

Senator Harris requests to be added as a sponsor of previously introduced legislation: 

S.B. 3, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR THE 
SMART START PROGRAM. 

Upon motion of Senator Basnight, seconded by Senator Robinson, the Senate adjourns 
at 8:23 P.M. to meet tomorrow, Tuesday, February 2, at 2:00 P.M. 



FOURTH DAY 

Senate Chamber 
Tuesday, February 2, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of all creation, the Psalmist looked up into the abyss of the night sky at the moon 
and stars which You created, and marveled '...what are human beings that You are 
mindful of them and mortals that You care for them?' So vast is Your domain, and yet 
how marvelous that You even acknowledge us! 

"We are justly pleased that the educational achievements of North Carolina were lifted 
up as a model by the President in his recent State of the Union Address. It is a fine thing 
to be remembered well on national television. And yet, Lord, we were just wondering, do 
all the transcripts of our Senate committee meetings get across Your desk? Do the ways 
and means we employ to meet our legislative objectives honor You? Do the saints in 
Your hallowed halls remember our deliberations well? 

"Keep us ever mindful that when You conferred upon us the authority to order Your 
creation, You conferred upon us a measure of Your divine dignity as well. May we 
continue to be worthy of so great a gift. We make our prayer in Your Holy Name. 
Amen." 

With unanimous consent, the President grants a leave of absence for today to Senator 
Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 1, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert Lee Jobe from 
Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, and to Dona 

February 2, 1999 



1 999] SENATE JOURNAL 6 1 

Caine from Raleigh, North Carolina, who is serving the Senate as Nurse of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Weinstein: 

S.B. 17, A BILL TO BE ENTITLED AN ACT TO MODIFY THE DEFINITION OF 
"ECONOMIC DEVELOPMENT AND TOURIST DISTRICT." 
Referred to Finance Committee. 

By Senators Lee and Kinnaird: 

S.B. 18, A BILL TO BE ENTITLED AN ACT TO REVISE AND CONSOLIDATE 
THE CHARTER OF THE TOWN OF CARTHAGE. 
Referred to State and Local Government Committee. 

By Senators Rand, Albertson, Ballance, Carrington, Carter, Clodfelter, Cooper, 
Dannelly, Forrester, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Hoyle, Kerr, 
Kinnaird, Lee, Martin of Guilford, Metcalf, Miller, Perdue, Plyler, Purcell, Reeves, 
Robinson, Shaw of Guilford, Soles, Warren and Weinstein: 

S.B. 19, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A 
SCHOLARSHIP STUDENT WHO ATTENDS A CONSTITUENT INSTITUTION OF 
THE UNIVERSITY OF NORTH CAROLINA SHALL BE TREATED AS A NORTH 
CAROLINA RESIDENT FOR ALL PURPOSES AND TO PROVIDE THAT A 
MEMBER OF THE MILITARY WHO ATTENDS A CONSTITUENT INSTITUTION 
OF THE UNIVERSITY OF NORTH CAROLINA OR A COMMUNITY COLLEGE 
SHALL ONLY BE CHARGED THE IN-STATE TUITION RATE. 

Referred to Education/Higher Education Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

By Senators Rand, Albertson, Allran, Ballance, Ballantine, Carpenter, Carter, 
Clodfelter, Cooper, Dalton, Forrester, Garwood, Gulley, Hartsell, Hoyle, Jordan, Kerr, 
Kinnaird, Lee, Martin of Guilford, Metcalf, Moore, Perdue, Phillips, Plyler, Purcell, 
Robinson, Shaw of Guilford, Soles, Warren, Weinstein and Wellons: 

S.B. 20, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
LOW- WEALTH SCHOOL SYSTEMS' SUPPLEMENTAL FUNDING. 

Referred to Education/Higher Education Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

By Senators Rand, Ballance, Dannelly, Lee, Martin of Guilford, Plyler, Reeves, Soles 
and Weinstein: 

S.B. 21, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A STATE 
LOTTERY TO PROVIDE FUNDS FOR EDUCATIONAL PURPOSES. 

Referred to Finance Committee. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Whitney Alexandra Barkley, Cramerton; Elizabeth Bell, Laurinburg; David Cory 
Blackmon, Hatteras; Beau Bouharoun, Cary; Jamie Thomas Caviness, Newport; Daniel J. 

February 2, 1999 



62 SENATE JOURNAL [Session 

Connors, Louisburg; Bobbie Lynne Grady, Mount Olive; Adam Anderson Home, 
Lexington; John McDonald III, Durham; Joshua Carmichael Mclntyre, Lumberton; 
Jeremy Newman, Durham; Clinton David Russell, Gastonia; Evelyn Kitchin Shytle, 
Laurinburg; Kerri Neil Sumner, Cramerton; Bobbie Jo Swinson, Mount Olive; and Ashley 
Brooke Turner, Mount Olive. 

CHANGES TO 1999 SENATE COMMITTEES 

Senator Basnight, President Pro Tempore, announces the following changes to the 
Senate Committees: 

Senator Martin of Guilford is appointed to the Select Committee on Tobacco Issues. 

Senator Shaw of Guilford is removed from the State and Local Government 
Committee and is appointed to the Transportation Committee. 

Senator Carter is appointed to the Judiciary I Committee. 

Senator Moore is removed from the Appropriations/Base Budget Committee and the 
Appropriations Subcommittee on Natural & Economic Resources and is appointed to 
the Finance Committee. 

Senator Rucho is removed from the Finance Committee. 

Upon motion of Senator Basnight, seconded by Senator Hagan, the Senate adjourns at 
2:17 P.M. to meet tomorrow, Wednesday, February 3, at 2:00 P.M. 



FIFTH DAY 

Senate Chamber 
Wednesday, February 3, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Jeremy Newman, Senate Page from Durham, North Carolina, as 
follows: 

"Dear Heavenly Father, thank You for letting us stand here today and represent You in 
Your Name. Thank You for all the blessed things You've done for us in our lifetime. 
Thank you for our health, our families, and opportunities You've given us. Thank You for 
all the grace and mercy You show us each day. You truly are the King of Kings and Lord 
of Lords. 

"God, I pray today for the Senators in this room. Please give them the power, and 
strength, and the wisdom to carry out Your Will and not ours, to help the people of North 
Carolina live a better life. Lord, please lead them down a road of righteousness and a path 
away from the devil. 

"We love you Lord. In Jesus' Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Moore and Senator Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 2, has been examined and is found to be correct. Upon his motion, the 

February 3, 1999 



1999] SENATE JOURNAL 63 

Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Douglas Stephen 
from Durham, North Carolina, who is serving the Senate as Doctor of the Day. 

REPORT OF COMMITTEE 

A bill is reported from a select committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Weinstein for the Select Committee On Tobacco Settlement Issues: 

S.B. 6, A BILL TO BE ENTITLED AN ACT TO APPROVE THE CREATION OF 
THE NONPROFIT CORPORATION ESTABLISHED PURSUANT TO COURT 
ORDER FOR THE PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY 
PERCENT OF THE FUNDS RECEIVED BY THE STATE IN STATE OF NORTH 
CAROLINA V. PHILIP MORRIS INCORPORATED, ET AL, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Rand and Shaw of Cumberland: 

S.B. 22, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CUMBERLAND 
COUNTY TO LEVY ONE-CENT LOCAL SALES AND USE TAXES FOR PUBLIC 
SCHOOL BUILDINGS. 

Referred to Finance Committee. 

By Senators Plyler, Albertson, Cooper, Hartsell, Hoyle, Perdue, Purcell, Rand and 
Soles: 

S.B. 23, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGULATING MASS GATHERINGS. 

Referred to Commerce Committee. 

By Senators Dalton, Ballance, Cooper, Hartsell, Horton, Lucas, Rand, Soles, Warren 
and Wellons: 

S.B. 24, A BILL TO BE ENTITLED AN ACT TO REQUIRE INSURERS TO 
PROVIDE INFORMATION PRIOR TO LITIGATION REGARDING POLICY 
PROVISIONS AND POLICY LIMITS UPON WRITTEN REQUEST AND TO GIVE 
AN INSURER WHO PROVIDES SUCH INFORMATION THE OPTION OF 
INITIATING MEDIATION WITH THE PERSON WHO SOUGHT THE 
INFORMATION. 

Referred to Judiciary II Committee. 

By Senators Wellons, Ballance, Dalton, Dannelly, Garrou, Gulley, Hagan, Horton, 
Kerr, Lucas, Metcalf, Miller, Purcell, Rand, Reeves, Warren and Weinstein: 

S.B. 25, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR ATTORNEY 
REPRESENTATION OF CHILDREN REPRESENTED BY GUARDIAN AD LITEM 
PROGRAM THROUGHOUT PROCEEDINGS OF THE CASE. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

February 3, 1999 



64 SENATE JOURNAL [Session 

APPOINTMENT BY THE GOVERNOR 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

January 29, 1999 

The Honorable Dennis Wicker 
President of the Senate 
State Capitol 
Raleigh, North Carolina 27603 

Dear Mr. President: 

Pursuant to General Statute 53-92, I hereby appoint Hal D. Lingerfelt as 
Commissioner of Banks and submit his name for confirmation by the North Carolina 
General Assembly by joint resolution. Mr. Lingerfelt's term will begin on April 1, 1999 
and will expire on March 31, 2003. 

Enclosed is a copy of Mr. Lingerfelt's resume. Please feel free to contact him directly 
should you require additional information. 



My warmest personal regards. 



Sincerely, 
S/James B. Hunt Jr. 



The Chair extends the privileges of the floor to James D. Speed, former Senator from 
Franklin County. 

REMOVAL OF BILL SPONSOR 

Senator East requests by letter to the Principal Clerk that his name be removed as a 
sponsor on S.B. 20, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS 
FOR LOW- WEALTH SCHOOL SYSTEMS' SUPPLEMENTAL FUNDING. 

Senator Carrington requests by letter to the Principal Clerk that his name be removed 
as a sponsor on S.B. 21, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A 
STATE LOTTERY TO PROVIDE FUNDS FOR EDUCATIONAL PURPOSES. 

Upon motion of Senator Basnight, seconded by Senator Metcalf, the Senate adjourns 
at 2: 16 P.M. to meet tomorrow, Thursday, February 4, at 1 1 :00 A.M. 



SIXTH DAY 

Senate Chamber 
Thursday, February 4, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Februarys 1999 









1999] SENATE JOURNAL 65 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Lord God, You called the boy Samuel, and after three biddings he replied, 'Speak 
Lord, for Your servant is listening.' 

"It isn't easy to recognize that You may be present when we are strangely restless, 
seeking we know not what. You may be speaking to us when we are confronted with a 
disconcerting challenge. It is difficult to discern the sound of Your voice. Yet when we 
do stop to listen and acknowledge that what disturbs us may be You seeking us, we know 
that is still only the beginning. To move from hearing to doing is another thing altogether. 

"When the time comes that there is a word for us to hear and a work for us to do, give 
us the will to answer as boldly as young Samuel did. 'Speak Lord, for Your servant is 
listening.' Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Carrington and Senator Moore. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 3, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. George Podgorny 
from Winston-Salem, North Carolina, who is serving the Senate as Doctor of the Day, and 
to Gale Phelps from Greenville, North Carolina, who is serving the Senate as Nurse of the 
Day. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Purcell, Albertson, Ballance, Carter, Dannelly, Garwood, Hagan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Perdue, Phillips, Plyler, Robinson, 
Shaw of Cumberland, Soles, Warren, Weinstein and Wellons: 

S.B. 26, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROHIBITION 
ON REIMBURSEMENT FOR SERVICES PROVIDED BY SCHOOL-BASED 
HEALTH CLINICS U"NDER THE CHILDREN'S HEALTH INSURANCE PROGRAM. 

Referred to Health Care Committee. 

By Senator Kerr: 

S.B. 27, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROHIBITION 
AGAINST THE DEPARTMENT OF TRANSPORTATION USING BERMUDA GRASS 
ALONG CERTAIN ROADS. 

Referred to Transportation Committee. 

By Senator Kerr: 

S.B. 28, A BILL TO BE ENTITLED AN ACT RELATING TO WAYNE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kerr: 

S.B. 29, A BILL TO BE ENTITLED AN ACT TO INCREASE THE 
EXAMINATION FEES COLLECTED UNDER THE COSMETIC ART ACT. 
Referred to Finance Committee. 



Februarys 1999 



66 SENATE JOURNAL [Session 

By Senator Kerr: 

S.B. 30, A BILL TO BE ENTITLED AN ACT RELATING TO THE EIGHTH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kerr: 

S.B. 31, A BILL TO BE ENTITLED AN ACT RELATING TO GREENE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Soles, Ballance, Kerr, Perdue, Plyler, Rand, Reeves and Warren: 
S.J.R. 32, A JOINT RESOLUTION PROVIDING FOR THE CONFIRMATION OF 
THE APPOINTMENT OF ROBERT KOGER MADE BY THE GOVERNOR TO 
MEMBERSHIP ON THE NORTH CAROLINA UTILITIES COMMISSION. 
Referred to Commerce Committee. 

By Senator Wellons: 

S.B. 33, A BILL TO BE ENTITLED AN ACT CONCERNING ANNEXATION OF 
CERTAIN PROPERTY BY THE TOWN OF CLAYTON. 
Referred to Finance Committee. 

By Senators Cochrane, Carpenter, Dannelly, Martin of Pitt, Perdue and Purcell: 
S.B. 34, A BILL TO BE ENTITLED AN ACT TO PROVIDE IMMUNITY FROM 
LIABILITY FOR CERTAIN LICENSED HEALTH CARE FACILITIES THAT 
PROVIDE TEMPORARY SHELTER OR SERVICES DURING DISASTERS AND 
EMERGENCIES. 

Referred to Judiciary I Committee. 

By Senators Martin of Pitt, Carpenter, Cochrane, Dannelly, Perdue and Purcell: 

S.B. 35, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE USE OF FUNDS 

FOR ADULT SPECIAL ASSISTANCE FOR DEMONSTRATION PROJECT ON 

ALTERNATIVE LIVING ARRANGEMENTS. 

Referred to Children & Human Resources Committee and upon a favorable report, 

re-referred to the Appropriations/Base Budget Committee. 

By Senators Cochrane, Carpenter, Dannelly, Martin of Pitt, Perdue and Purcell: 
S.B. 36, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
ALZHEIMER'S ASSOCIATION CHAPTERS IN NORTH CAROLINA. 
Referred to Appropriations/Base Budget Committee. 

By Senators Cochrane, Carpenter, Dannelly, Martin of Pitt, Perdue and Purcell: 
S.B. 37, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
HOUSING FOR ELDERLY PERSONS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carpenter, Cochrane, Dannelly, Martin of Pitt, Perdue and Purcell: 
S.B. 38, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE STATE ADULT DAY CARE PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Purcell, Cochrane, Carpenter, Dannelly, Perdue and Martin of Pitt: 
S.J.R. 39, A JOINT RESOLUTION AUTHORIZING THE LEGISLATIVE 

February 4, 1999 



1999] SENATE JOURNAL 67 

RESEARCH COMMISSION TO STUDY STATE MEDICAID RECOVERY POLICY 
AND LAW. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Cochrane, Carpenter, Dannelly, Martin of Pitt, Perdue and Purcell: 

S.B. 40, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 

PERSONS AUTHORIZED TO BE APPOINTED TO SUBCOMMITTEES OF THE 

NORTH CAROLINA STUDY COMMISSION ON AGING. 
Referred to Pensions & Retirement and Aging Committee. 

By Senators Reeves and Miller: 

S.B. 41, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT EVERY 
DWELLING UNIT LEASED AS RENTAL PROPERTY IN CERTAIN CITIES BE 
FURNISHED WITH A SOURCE OF HEAT. 

Referred to Judiciary II Committee. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 6, A BILL TO BE ENTITLED AN ACT TO APPROVE THE CREATION OF 
THE NONPROFIT CORPORATION ESTABLISHED PURSUANT TO COURT 
ORDER FOR THE PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY 
PERCENT OF THE FUNDS RECEIVED BY THE STATE IN STATE OF NORTH 
CAROLINA V. PHILIP MORRIS INCORPORATED, ET AL. 

Senator Hartsell offers Amendment No. 1 which is adopted (48-0). 

Senator Webster offers Amendment No. 2 which is adopted (48-0). 

Senator Horton offers Amendment No. 3. 

Senator Horton calls the previous question on Amendment No. 3, seconded by 
Senator Rand. The call is sustained. 

Amendment No. 3 fails of adoption (13-35). 

Senator Webster offers Amendment No. 4. 

Senator Rand offers Amendment No. 5, a substitute amendment to Amendment No. 4. 

Senator Webster withdraws Amendment No. 4. 

Senator Rand withdraws Substitute Amendment No. 5. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, who 
presides in the absence of the Lieutenant Governor. 

Upon motion of Senator Dalton, the remarks by Senator Hartsell and Senator Rand on 
S.B. 6 are spread upon the Journal as follows: 

Senator Hartsell: 

"Mr. President, members of the Senate, we have had a great deal of discussion with 
regard to appointments and with regard to the nature of the economically affected areas. 
Most of that has dealt with the growing areas. I, Cabarrus County, and I have to look out 
for my home folks, have a major manufacturing facility, as some other folks in this area 
have, the Philip Morris manufacturing facility, the largest in the world, which in its 
property tax revenues provides 17.5% of the entire property tax revenue of that county as 
it presently exists as of the end of the last fiscal year. And there's no question we've had 
some problems with some tax issues. We've fully resolved those and everybody is doing 
fine there in that regard. But it has, this situation would have a dramatic impact or could 
have a dramatic impact upon my home county, in fact the city I live in, and I hope that we 
are not forgetting those manufacturing facilities, and those employees. There are 2,000 

Februarys 1999 



68 SENATE JOURNAL [Session 

employees at that site, who would be dramatically affected by the resolution of this 
litigation. So my question, Senator Rand, is, and I know what the Attorney General said 
yesterday, but I want as a matter of record on the floor of this Body, some testimony to the 
effect, or record evidence to the effect that those manufacturing facilities and the people 
employed by them in those areas would, in all likelihood, also be economically affected, 
an economically affected region under these circumstances." 

Senator Rand: 

"Thank you, Senator Hartsell. I, I certainly understand your concern as I do Senator 
Cochrane's and Senator Garrou's and Senator Webster's and Senator Horton's, those 
people that are in the regions that are, that are significantly impacted by tobacco 
manufacturing. And I think that clearly this is, we mean for this, those are tobacco 
dependent regions. I have been to that facility of which you speak, it is hugely important 
to your part of North Carolina and I understand that. And we do not in any way mean to 
restrict this, but to put this in place so that those, these funds can be available to assist in 
any sort of transitional help that might become necessary, or could be conceived by the 
mind of man. Because that's, that's why we want to have this in place. That's why we 
want to make sure that as North Carolina goes forward and we do the things to protect 
North Carolina during this transitional period, that those areas will be directly spoken to, 
and also the other areas of North Carolina that are having a hard time. So I assure you that 
we do mean for that to be the case." 

The bill, as amended, passes its second reading (39-8). 

Senator Rand objects to third reading of the measure. Pursuant to Rule 50, the 
President Pro Tempore orders the measure placed on the Calendar for Monday, 
February 8. 

Upon motion of Senator Ballance, seconded by Senator Reeves, the Senate adjourns at 
12:13 P.M. to meet Monday, February 8, at 7:00 P.M. 



SEVENTH DAY 

Senate Chamber 
Monday, February 8, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Merciful God, scripture tells us that the timid servant who buried his master's talent 
in the field, was chided for his lack of initiative. On the day of reckoning, he returned his 
one talent, untarnished and unused. Fearing failure he had opted for a conservative 
investment approach, because he knew of his master's reputation as a strict accountant. 
What he had forgotten, of course, was what a generous sower of seeds his master was, 
what a risk taker he could be when it came to believing in the power of people to grow a 
new vision. 

"The reward of work well done is still more work to do. God of great possibilities, 
grant us bold hearts to use well the gifts which You have entrusted to us. In Your Name 
we pray, Amen." 

February 8, 1999 



1999] SENATE JOURNAL 69 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Moore and Senator Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 4, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert Powell 
Majors, Jr. from Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Kathy Johnson from Raleigh, North Carolina, who is serving the Senate as Nurse of 
the Day. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Purcell and Plyler: 

S.R. 42, A SENATE RESOLUTION HONORING THE ONE HUNDREDTH 
ANNIVERSARY OF THE FOUNDING OF SCOTLAND COUNTY. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Dalton: 

S.B. 43, A BILL TO BE ENTITLED AN ACT TO CONSOLIDATE THE TOWN OF 
ALEXANDER MILLS INTO THE TOWN OF FOREST CITY. 

Referred to State and Local Government Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Soles: 

S.B. 44, A BILL TO BE ENTITLED AN ACT RELATING TO THE 18TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Soles: 

S.B. 45, A BILL TO BE ENTITLED AN ACT RELATING TO THE 18TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Soles: 

S.B. 46, A BILL TO BE ENTITLED AN ACT RELATING TO THE EIGHTEENTH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 47, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN OF 
MAPLE HILL SUBJECT TO A REFERENDUM. 

Referred to State and Local Government Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Jordan, Ballantine, and Soles: 

S.B. 48, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO THE 
DEPARTMENT OF COMMUNITY COLLEGES FOR PLANNING AND INITIAL 

February 8, 1999 



70 SENATE JOURNAL [Session 

DEVELOPMENT OF A REGIONAL PUBLIC SAFETY TRAINING CENTER AT THE 
NORTH CAMPUS OF THE CAPE FEAR COMMUNITY COLLEGE. 
Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 49, A BILL TO BE ENTITLED AN ACT TO PROTECT THE DISTRICT 
ATTORNEY'S WORK PRODUCT DURING THE POSTCONVICTION PROCESS. 
Referred to Judiciary I Committee. 

By Senators Metcalf and Carter: 

S.B. 50, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO THE 
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE 
CONTINUED CAPITAL DEVELOPMENT OF THE WESTERN NORTH CAROLINA 
AGRICULTURAL CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senator Shaw of Cumberland: 

S.B. 51, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
GOVERNING HIGHWAY SMALL PROJECT BIDDING AND TO PROVIDE AN 
ALTERNATIVE PROCEDURE FOR RESOLVING STATE CONTRACT DISPUTES. 

Referred to Commerce Committee. 

By Senator Shaw of Cumberland: 

S.B. 52, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A MARTIN LUTHER KING JR. AMPHITHEATER AND 
PARK IN CUMBERLAND COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Cooper, Albertson, Ballance, Ballantine, Carter, Clodfelter, Dalton, 
Dannelly, East, Forrester, Foxx, Garrou, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Martin of Pitt, Metcalf, Miller, 
Odom, Perdue, Phillips, Purcell, Rand, Reeves, Robinson, Shaw of Cumberland, Warren, 
Weinstein and Wellons: 

S.R. 53, A SENATE RESOLUTION HONORING THE ONE HUNDREDTH 
ANNIVERSARY OF THE NORTH CAROLINA BAR ASSOCIATION 

Referred to Rules and Operations of the Senate Committee. 

By Senators Ballantine and Allran: 

S.J.R. 54, A JOINT RESOLUTION TO AUTHORIZE THE LEGISLATIVE 
RESEARCH COMMISSION TO CONTINUE ITS STUDY OF COASTAL BEACH 
MOVEMENT AND STORM MITIGATION ISSUES. 

Referred to Rules and Operations of the Senate Committee. 

Upon motion of Senator Carpenter, the Chair extends courtesies of the gallery to 
Norman Oglesby, President of Tri-County Community College, and to Mrs. Nell White 
and Mrs. Reba Jordan, Trustees of Tri-County Community College, Murphy, North 
Carolina. 

The Senate recesses at 7:18 P.M. for the purpose of a meeting of the Rules and 
Operations of the Senate Committee to reconvene at 7:23 P.M. 

February 8, 1999 



1 999] SENATE JOURNAL 7 1 

RECESS 

The Senate meets pursuant to recess and is called to order by The Honorable Dennis 
A. Wicker, Lieutenant Governor. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Rand for the Rules and Operations of the Senate Committee: 

S.R. 53, A SENATE RESOLUTION HONORING THE ONE HUNDREDTH 
ANNIVERSARY OF THE NORTH CAROLINA BAR ASSOCIATION, with an 
unfavorable report as to Senate Resolution, but favorable as to Committee Substitute 
Senate joint resolution. 

Pursuant to Rule 45.1 the proposed Committee Substitute Senate joint resolution, 
which changes the title to read S.J.R. 53 (Committee Substitute), A JOINT 
RESOLUTION HONORING THE MEMORY OF PLATT D. WALKER, THE FIRST 
PRESIDENT OF THE NORTH CAROLINA BAR ASSOCIATION, ON THE ONE 
HUNDREDTH ANNIVERSARY OF THE NORTH CAROLINA BAR ASSOCIATION, 
is adopted and engrossed. 

Upon motion of Senator Rand, the Committee Substitute Senate joint resolution is 
placed on the Calendar for tomorrow, Tuesday, February 9. 

EXECUTIVE ORDER 

An Executive Order received in the Office of the Senate Principal Clerk is presented to 
the Senate and read as follows: 

Executive Order No. 144, First In America: A Goal for North Carolina's Schools. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Narhaja Bond, Windsor; Quashawna S. Bond, Windsor; Jonavan E. Canty, Raleigh; 
Carrie Davenport, Forest City; Heather Michelle Funk, Asheboro; Empress Hughes, 
Raleigh; Herbert Bruce Hulse III, Goldsboro; Adam Swain Lassiter, Conway; Nicolaus 
McCall, Highlands; Carletha Robinson, Raleigh; Matthew A. Thompson, Goldsboro; 
Matthew Hawley Thompson, Lumberton; and Tracie Elizabeth Williams, Raleigh. 

CALENDAR 

A bill on tonight's Calendar is taken up and disposed of, as follows: 

S.B. 6, A BILL TO BE ENTITLED AN ACT TO APPROVE THE CREATION OF 
THE NONPROFIT CORPORATION ESTABLISHED PURSUANT TO COURT 
ORDER FOR THE PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY 
PERCENT OF THE FUNDS RECEIVED BY THE STATE IN STATE OF NORTH 
CAROLINA V. PHILIP MORRIS INCORPORATED, ET AL, as amended upon second 
reading on February 4. 

February 8, 1999 



72 SENATE JOURNAL [Session 

Senator Shaw of Guilford announces a pair. If Senator Webster were present he would 
vote "no"; Senator Shaw votes "aye". 

The bill, as amended, passes its third reading (40-6) and is ordered engrossed and sent 
to the House of Representatives. 

CHANGES TO 1999 SENATE COMMITTEES 

Senator Basnight, President Pro Tempore, announces the following changes to the 
Senate Committees: 

Senator Metcalf is removed from the State and Local Government Committee and is 
appointed as Vice-Chair of the Health Care Committee. 

Upon motion of Senator Basnight, seconded by Senator Garrou, the Senate adjourns at 
7:57 P.M. to meet tomorrow, Tuesday, February 9, at 1 :00 P.M. 



EIGHTH DAY 

Senate Chamber 
Tuesday, February 9, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Gracious Lord God, we recall that when the woman at Bethany broke the vial of 
costly perfume on the head of Jesus, the dinner guests reacted with horror and disbelief. 
'What an impulsive and wasteful display' they murmured. But Jesus silenced them 
saying, 'Why do you trouble her? It is a fine thing she has done for me.' 

"Lord, we know that we should exercise a proper stewardship of all our resources, help 
us always to be wise and prudent managers. But help us also to recognize those rare 
moments when all rules may be overturned at the impulse of a loving heart. In Your 
Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Dannelly, Senator Moore, Senator Odom, and Senator Weinstein. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, February 8, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Edwin Merrill 
Tomlin from Harrisburg, North Carolina, who is serving the Senate as Doctor of the Day. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

Februarys 1999 



1999] SENATE JOURNAL 73 

By Senator Soles for the Commerce Committee: 

S.B. 23, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGULATING MASS GATHERINGS, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Cochrane, Dalton, Hartsell, Hoyle, Kerr and Webster: 
S.B. 55, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND 
CONFORMING CHANGES TO THE REVENUE LAWS AND RELATED STATUTES. 
Referred to Finance Committee. 

By Senator Lee: 

S.B. 56, A BILL TO BE ENTITLED AN ACT TO REPEAL THE SUNSET 
REGARDING THE AUTHORITY OF LOCAL GOVERNMENTAL UNITS TO ENTER 
INTO GUARANTEED ENERGY SAVINGS CONTRACTS FOR LOCAL PUBLIC 
FACILITIES AND TO EXTEND THE CURRENT MAXIMUM DURATION OF 
THESE CONTRACTS. 

Referred to Education/Higher Education Committee. 

By Senators Cooper, Albertson, Ballantine, Carpenter, Carter, Dalton, East, Forrester, 
Foxx, Garrou, Garwood, Harris, Hoyle, Lee, Lucas, Metcalf, Perdue, Phillips, Plyler, 
Purcell, Rand, Reeves, Rucho, Shaw of Guilford, Soles, Weinstein and Wellons: 

S.B. 57, A BILL TO BE ENTITLED AN ACT PROVIDING FOR LOSS OF 
DRIVERS LICENSE WHEN CERTAIN PROVISIONAL LICENSEES COMMIT 
DESIGNATED ACTS. 

Referred to Judiciary I Committee. 

By Senator Shaw of Cumberland: 

S.B. 58, A BILL TO BE ENTITLED AN ACT TO CHANGE THE NAME OF THE 
NORTH CAROLINA BRIDGE AUTHORITY TO THE NORTH CAROLINA TOLL 
ROAD AND BRIDGE AUTHORITY, TO AUTHORIZE THE AUTHORITY TO 
CHARGE A TOLL ON A NORTH-SOUTH PRIMARILY RURAL INTERSTATE 
HIGHWAY, AND DIRECT USE OF INTERSTATE TOLL PROCEEDS TO 
EXPANSION AND MAINTENANCE OF THAT INTERSTATE AND FOR OTHER 
TRANSPORTATION PURPOSES. 

Referred to Finance Committee. 

By Senators Foxx, Allran, Ballantine, Carpenter, Carrington, Clodfelter, Cochrane, 
East, Forrester, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Metcalf, Purcell, Robinson, Rucho, Shaw of Cumberland, Shaw of 
Guilford, Soles, Warren, Weinstein and Wellons: 

S.B. 59, A BILL TO BE ENTITLED AN ACT TO AMEND THE PHARMACY 
PRACTICE ACT TO DEFINE THE TERM MOBILE PHARMACY AND TO ALLOW 
SUCH A PHARMACY TO REGISTER ANNUALLY WITH THE BOARD OF 
PHARMACY. 

Referred to Commerce Committee. 

Februarys 1999 



74 SENATE JOURNAL [Session 

CALENDAR 

A resolution on today's Calendar is taken up and disposed of, as follows: 

S.J.R. 53 (Committee Substitute), A JOINT RESOLUTION HONORING THE 
MEMORY OF PLATT D. WALKER, THE FIRST PRESIDENT OF THE NORTH 
CAROLINA BAR ASSOCIATION, ON THE ONE HUNDREDTH ANNIVERSARY OF 
THE NORTH CAROLINA BAR ASSOCIATION. 

The Committee Substitute joint resolution passes its second (46-0) and third readings 
with Members standing, and is ordered sent by special message to the House of 
Representatives. 

Upon motion of Senator Basnight, seconded by Senator Clodfelter, the Senate 
adjourns at 1:33 P.M. to meet tomorrow, Wednesday, February 10, at 3:00 P.M. 



NINTH DAY 

Senate Chamber 
Wednesday, February 10, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Lord God, You have told us that if we are to recognize the signs of Your Kingdom in 
our midst, we must be looking for the unexpected, a treasure hidden in a field, a tiny seed 
sprouting in the depths of the earth. But how can we carry the reality of Your Kingdom 
deep in our hearts? 

"Perhaps if we can reach the day when there is no one toward whom we feel malice, 
no one we want to spite or put in their place, no victory we want to win over others, but 
only victories with and for others, surely then Lord, we will have entered Your Kingdom. 
Lead us in the ways of righteousness, in Your Name we pray, Amen." 

With unanimous consent, the President grants a leave of absence for today to Senator 
Hagan. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 9, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Charles Otis Boyette 
from Belhaven, North Carolina, who is serving the Senate as Doctor of the Day, and to Jan 
Wolfe from Cary, North Carolina, who is serving the Senate as Nurse of the Day. 

ENROLLED RESOLUTION 

The Enrolling Clerk reports the following resolution duly ratified, properly enrolled, 

February 10, 1999 



1999] SENATE JOURNAL 75 

and presented to the Office of the Secretary of State: 

S.J.R. 53, A JOINT RESOLUTION HONORING THE MEMORY OF PLATT D. 
WALKER, THE FIRST PRESIDENT OF THE NORTH CAROLINA BAR 
ASSOCIATION, ON THE ONE HUNDREDTH ANNIVERSARY OF THE NORTH 
CAROLINA BAR ASSOCIATION. (Res. 2) 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Warren, Albertson, Carpenter, Carrington, Carter, Clodfelter, Cochrane, 
Cooper, Dannelly, East, Forrester, Foxx, Garrou, Garwood, Hagan, Horton, Kinnaird, Lee, 
Lucas, Martin of Guilford, Martin of Pitt, Metcalf, Perdue, Phillips, Plyler, Rand, Reeves, 
Shaw of Cumberland, Weinstein and Wei Ions: 

S.B. 60, A BILL TO BE ENTITLED AN ACT TO EXTEND THE LIFE OF THE 
HEART DISEASE AND STROKE PREVENTION TASK FORCE AND TO 
APPROPRIATE FUNDS FOR ITS WORK. 

Referred to Appropriations/Base Budget Committee. 

By Senators Warren, Albertson, Ballance, Cooper, Dannelly, Foxx, Hoyle, Kerr, 
Martin of Guilford, Martin of Pitt, Perdue, Plyler and Rand: 

S.B. 61, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MONTHLY 
PENSION FOR MEMBERS OF THE FIREMEN'S AND RESCUE SQUAD WORKERS' 
PENSION FUND. 

Referred to Pensions & Retirement and Aging Committee. 

By Senators Horton and Garwood: 

S.B. 62, A BILL TO BE ENTITLED AN ACT TO VALIDATE CERTAIN 
NOTARIAL ACTS. 

Referred to Judiciary II Committee. 

By Senators Allran, Ballantine, Carpenter, Carrington, Cochrane, East, Forrester, 
Garwood and Rucho: 

S.B. 63, A BILL TO BE ENTITLED AN ACT TO LIMIT THE LENGTH OF 
LEGISLATIVE SESSIONS. 

Referred to Judiciary II Committee. 

By Senators Cooper, Albertson, Dannelly, Gulley, Hoyle, Martin of Pitt, Perdue, 
Rand, Soles and Warren: 

S.B. 64, A BILL TO BE ENTITLED AN ACT TO SET THE SALARIES OF 
DISTRICT ATTORNEYS AT AN AMOUNT THAT IS THE MIDPOINT BETWEEN 
THE SALARY OF A SENIOR REGULAR RESIDENT SUPERIOR COURT JUDGE 
AND THE SALARY OF A CHIEF DISTRICT COURT JUDGE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Purcell, Gulley, Allran, Clodfelter, Dannelly, Forrester, Garrou, Garwood, 
Hagan, Hartsell, Lee, Lucas, Martin of Guilford, Miller, Phillips, Reeves and Shaw of 
Cumberland: 

S.B. 65, A BILL TO BE ENTITLED AN ACT TO ENHANCE MOTOR VEHICLE 

February 10, 1999 



76 SENATE JOURNAL [Session 

OCCUPANT RESTRAINT SAFETY. 
Referred to Health Care Committee. 

Senator Rand offers a motion that Rule 40 be suspended to allow the introduction of 
the following resolution, which motion prevails by a two-thirds majority vote. 

By Senators Dalton and Lee: 

S.R. 68, A SENATE RESOLUTION TO ESTABLISH THE PROCEDURE FOR 
NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF 
THE UNIVERSITY OF NORTH CAROLINA. 

Referred to Education/Higher Education Committee. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 17, A BILL TO BE ENTITLED AN ACT TO MODIFY THE DEFINITION OF 
"ECONOMIC DEVELOPMENT AND TOURIST DISTRICT", with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1526 is adopted and 
engrossed. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 23, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGULATING MASS GATHERINGS. 

With unanimous consent, upon motion of Senator Soles, the bill is withdrawn from 
today's Calendar and is re-referred to the Commerce Committee. 

Upon motion of Senator Basnight, seconded by Senator Rucho, the Senate adjourns at 
3:30 P.M. to meet tomorrow, Thursday, February 1 1, at 1 1:00 A.M. 



TENTH DAY 

Senate Chamber 
Thursday, February 11, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of Creation, we tend to forget that You fashioned us mortals not out of solid 
gold, but out of the dust of the earth. We are but common clay, and yet common clay 

February 11, 1999 



1999] SENATE JOURNAL 77 

filled with the very breath of Your being. Your fingerprints have forever marked our 
hearts. Within these frail, earthen shells we call our bodies dwells something of eternity. 

"Forgive us that we have so distorted the divine image that we bear. Remake us, and 
breathe Your Spirit anew into us that we may more truly reflect Your glory to the 
watching world. This we ask in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator East, Senator Odom, and Senator Webster. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 10, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Sathya 
Jyothinagaram from Gastonia, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Terri Lawler from Greenville, North Carolina, who is serving the Senate as 
Nurse of the Day. 

REPORTS OF COMMITTEES 

A bill and a resolution are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Dalton for the Education/Higher Education Committee: 

S.R. 68, A SENATE RESOLUTION TO ESTABLISH THE PROCEDURE FOR 
NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF 
THE UNIVERSITY OF NORTH CAROLINA, with a favorable report as to adoption. 

With unanimous consent, upon motion of Senator Dalton, the resolution is placed on 
today's Calendar for adoption. 

By Senator Purcell for the Health Care Committee: 

S.B. 26, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROHIBITION 
ON REIMBURSEMENT FOR SERVICES PROVIDED BY SCHOOL-BASED 
HEALTH CLINICS UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM, 
with a favorable report. 

With unanimous consent, upon motion of Senator Purcell, the bill is placed on the 
Calendar for Tuesday, February 16. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Soles: 

S.B. 66, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA MUSEUM OF FORESTRY. 
Referred to Appropriations/Base Budget Committee. 

February 11, 1999 



78 SENATE JOURNAL [Session 

By Senator Soles: 

S.B. 67, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO THE 
TOWN OF CHADBOURN FOR EMERGENCY WATER AND SEWER REPAIRS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Cochrane and Phillips: 

S.B. 69, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOUR- YEAR TERMS 
FOR THE MAYOR AND ALDERMEN OF THE TOWN OF CHINA GROVE. 
Referred to State and Local Government Committee. 

COMMITTEE REFERRAL RECALL 

S.R. 42, A SENATE RESOLUTION HONORING THE ONE HUNDREDTH 
ANNIVERSARY OF THE FOUNDING OF SCOTLAND COUNTY, referred to the 
Rules and Operations of the Senate Committee on February 8, 1999. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the resolution be withdrawn 
from the Rules and Operations of the Senate Committee and placed on the Calendar for 
Monday, February 15, which motion prevails with unanimous consent. 

The Chair orders the resolution withdrawn from the Rules and Operations of the 
Senate Committee and places it on the Calendar for Monday, February 15. 

CALENDAR 

Bills on today' ? Calendar are taken up and disposed of, as follows: 

S.B. 17 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE DEFINITION OF "ECONOMIC DEVELOPMENT AND TOURIST DISTRICT." 

Senator Ballantine announces a pair. If Senator East were present, he would vote 
"no"; Senator Ballantine votes "aye". 

The Committee Substitute bill passes its second (33-11) and third readings and is 
ordered sent to the House of Representatives. 

S.R. 68, A SENATE RESOLUTION TO ESTABLISH THE PROCEDURE FOR 
NOMINATING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF 
THE UNIVERSITY OF NORTH CAROLINA, placed earlier on today's Calendar. 

Upon motion of Senator Dalton, the Senate Resolution is adopted (46-0). {See Appendix.) 

The Chair extends the privileges of the floor to Leslie Winner, former Senator from 
Mecklenburg County. 

Upon motion of Senator Basnight, seconded by Senator Purcell, the Senate adjourns at 
1 1:33 A.M. to meet Monday, February 15, at 7:00 P.M. 



ELEVENTH DAY 

Senate Chamber 
Monday, February 15, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 



February 15, 1999 



1999] SENATE JOURNAL 79 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of Wisdom, You have called us to serve Your people and uphold the laws of this 
State, and we would be faithful to Your call. We have much in common with past 
generations of religious teachers who debated endlessly about the meaning of the law, but 
that is not always as easy as it seems. 

"The leaders of the synagogue all agreed that God's people must honor the Sabbath. 
There was no dissent on that issue. The greater question for them was how exactly they 
should do that. Save us from the temptation of wrangling over the worthy ends we seek to 
achieve when we know that discerning the best means to achieve those ends is the greater 
challenge. We pray in Your Name, Amen." 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Carrington, Senator Gulley, Senator Martin of Pitt, and Senator Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 1 1, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. George Patrick 
Henderson, Jr. from Pinehurst, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Ernest Grant from Chapel Hill, North Carolina, who is serving the Senate as 
Nurse of the Day. 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 





February 12, 1999 






Ms. Janet Pruitt 

Principal Clerk 

North Carolina Senate 

Legislative Building 

Raleigh, North Carolina 27603-5925 







Dear Ms. Pruitt: 

This is written to comply with Sections 1 and 2 of Executive Order Number 107. 

This shall serve as my official designation of Room 1039 within the Administration 
Building as the "Office of the Governor's Legislative Counsel" as referenced in Section 1. 

I hereby designate the following employees of the Governor's Office as the officials to 
whom delivery of bills can be made under the provisions of Section 2: 

a. Franklin Freeman; 

b. Garland Garrett; 

c. Kevin Howell; 

d. Annette Ethridge; and, 

e. Ashley Westbrook 

February 15, 1999 



80 SENATE JOURNAL [Session 

Thank you for your attention to this matter. 

My warmest personal regards. 

Sincerely, 
S/James B. Hunt Jr. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, who 
presides in the absence of the Lieutenant Governor. 

CALENDAR 

A resolution on tonight's Calendar is taken up and disposed of, as follows: 

S.R. 42, A SENATE RESOLUTION HONORING THE ONE HUNDREDTH 
ANNIVERSARY OF THE FOUNDING OF SCOTLAND COUNTY. {See Appendix.) 

With unanimous consent, upon motion of Senator Plyler and Senator Purcell, the 
remarks honoring the 100 th Anniversary of the founding of Scotland County are spread 
upon the Journal, as follows: 

Senator Purcell: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate. When I get through, 
you may have heard more about Scotland County than you want to know, but I assure you 
I will only take a few minutes. It has been said that when Scottish immigrants came to 
Wilmington in the early 1770's, that someone had placed a sign on the mouth of the Cape 
Fear River that said, 'The best land is 100 miles West of here.', and so many of the settlers 
went up the Cape Fear River into what is, then was Cross Creek, is now known as 
Fayetteville, and some of them came on down into what we now know as Scotland 
County. I've also heard that that sign was not really in Wilmington, but it was in, on the 
banks of the Cape Fear River in Fayetteville, and the sign said that the best land is 40 
miles south of here, and those who could read went on down into what is now known as 
Scotland County. Whatever the truth is, the early settlers of Scotland County were 
Highland Scots, and they were present as early as 1729 when the Province was separated 
into North and South Carolina. In 1861, a military unit was formed in Scotland County 
called the Scotch Boys, and they fought in practically every battle in Virginia with heavy 
casualties. General Sherman as you know went through Atlanta to Savannah to Columbia 
and then crossed over into North Carolina into Scotland, what is now Scotland County. 
And he camped at the Old Laurel Hill Presbyterian Church, and even today you can see 
the names of the Yankee soldiers who carved their names in the units in the steeple of this 
church. General Sherman destroyed the Morrison Rifle Factory, and sent a squad into 
Laurinburg and burned the railroad shop that had been moved there from Wilmington. 
From its beginning, agriculture has been the backbone of the Scotland County economy 
and today cotton, corn, and soybeans are the main products. However, today most people 
in Scotland County earn their living from the manufacturing industry. Presently, in the 
county we have industries such as West Point Stevens, Abbott Laboratories, Charles Craft, 
Rea Magnet Wire, Rockwell International which may have changed names to the 
Champion Sportswear Distribution Center, LOF Glass, which is the largest float glass 
company in the world, and the golf pride division of Eden Corporation where recently 
75% of the golf club grips made in the world were made in Laurinburg. So if you're a 
golfer, there's a good chance that your golf club grips were made there. The Laurinburg- 
Maxton airport was a major glider training base back during World War II. It's now a 
prime industrial site. John Buchanan and later Murdock Morrison manufactured custom 

February 15, 1999 



1 999] SENATE JOURNAL 8 1 

made rifles back in the 1800's. James Lynch invented the James Lynch cotton planter and 
it was patented in 1870, and John Blue developed a fertilizer distributor, both of which 
were used widely throughout the south for many years. Mr. William Quakenbush opened 
a school in Laurinburg in 1879. This outstanding teacher was honored by a monument 
that is still standing in front of the courthouse in Laurinburg. At one time he was the only 
educator in North Carolina to which, to whom a monument had been dedicated. Mr. 
Emanual McDuffie established a school for black children in 1904. This school later 
became the Laurinburg Institute, with such notable, notable graduates as Dizzy Gillespie 
and outstanding basketball player, Charlie Scott. St. Andrews Presbyterian College 
provides an excellent liberal arts education with a world-wide student body. Edwin Gill, 
and many of you remember him, served for many years as Treasurer of the State of North 
Carolina, and I believe played a major role in North Carolina having a Balanced Budget 
Act. Federal Judge Dick Phillips served as Dean of the Law School at Chapel Hill for 
many years. I think we're all aware of the many contributions of Laurinburg native, Terry 
Sanford. I ask for your support of this brief Senate Resolution honoring the 100 th 
Anniversary of the founding of Scotland County which I shall now read: 

'Whereas on February 20, 1899, Scotland County was formed from Richmond 
County; and 

'Whereas, Scotland County was named for the country of Scotland from which many 
of the early settlers of the area came; and 

'Whereas Scotland County is known for its contributions to education, agriculture, and 
industry; and 

'Whereas, the citizens of Scotland County have been actively preparing for the 
county's centennial celebration; Now, therefore, be it resolved by the Senate: 

'The North Carolina Senate honors the founders of Scotland County and joins the 
county's citizens in celebrating the county's 100 th Anniversary. 

'The Principal Clerk shall transmit a certified copy of this resolution to the Chair of 
the Scotland County Board of Commissioners. 

'This resolution is effective upon adoption.' " 

Senator Plyler: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate, I would like to speak 
briefly on the resolution. Mr. President, members of the Senate, I along with Senator 
Purcell proudly represent Scotland County. We have seven counties in our district and it 
is always a pleasure when I leave Union County early in the morning to come to Scotland 
County for breakfast, or when I'm there at lunch with these fine people at the Rotary 
meetings, or some of the meetings that we have, hold at the courthouse, some of the 
forums. Always I am greeted very, very cordially with open arms and big smiles. You 
know Senator Purcell has told a lot about Scotland County and more so than I could even 
attempt to tell. But I can say this, that of all the people that I have met in the State of 
North Carolina and other areas, these are some of the finest. They are aggressive as far as 
industry is concerned, their schools and, of course as Senator Purcell mentioned, 
St. Andrews, a private college there which has done a tremendous job for underprivileged 
children over the many years. I enjoy going through Scotland County and seeing the mass 
cotton fields there, the cotton pickers out in the fields and, of course, I can think about 
Frank Ballance. When I was a young boy, I came up in the cotton fields myself and thank 
God for those cotton pickers. They are wonderful. But I would like to whole-heartedly 
endorse this resolution for the 100 th Anniversary on February 20, 1999, of the fine County 
of Scotland which I am proud to represent and I commend this resolution to you." 



February 15, 1999 



82 SENATE JOURNAL [Session 

Senator Rand: 

"Thank you, Mr. President. Those of us who live in southeastern North Carolina take 
great pleasure in this resolution tonight. I'm glad that those people who learned to read 
and went to Scotland County have meant so much to our part of North Carolina. They 
learned to read really well. Terry Sanford and Dick Phillips came back to Fayetteville, so 
obviously they learned a great deal, Mr. President, from what they did. But they meant a 
great deal to North Carolina, and we take pride in sharing the good people of Scottish 
heritage who meant so much to southeastern North Carolina. The good works of the 
people of Scotland County have long been remembered in North Carolina for the things 
they have done, and I appreciate Senator Purcell and Senator Plyler bringing this before us 
tonight and would heartily endorse the resolution." 

Senator Purcell: 

"I'd like to speak briefly on the Resolution again, if I may. I always goof on things, 
but I really forgot to mention our real hero from the Laurinburg Institute, Sam Jones, who 
was a basketball player with the Boston Celtics. I'm sure most of you are familiar with 
him, but we take great pride in having him as a graduate of one of our schools." 

Senator Forrester: 

"Thank you, Mr. President. As a native of Scotland and a naturalized United States 
citizen, I much appreciate this resolution, more or less honoring my native Scots that help 
settle in this country. I grew up in Wilmington, New Hanover County, not the county 
involved, but I'm very proud of my heritage, and I want to thank Senator Purcell for 
introducing this resolution. Thank you." 

Upon motion of Senator Purcell, Senate Resolution 42 is adopted (41-0). 

The Chair extends courtesies of the gallery to members of the Scotland County 
Centennial Committee; Mary Odom, former Senator from Scotland County; Nancy 
Shelley, Chairperson of the Scotland County Board of Commissioners; Bo Butler, Mayor 
Pro Tern of Laurinburg, North Carolina; Judy Riggins; Fred Fox; George Whitehurst; 
Gail Wright; Joyce Braswell; Rene Snipes; John Stewart; Sarah Stewart; Betty Edens; 
Louise Monroe; Carrie McLean; Pinney Geffert; Clyde Marsh; and Katherine Allen. 

COMMITTEE REFERRAL RECALL 

S.B. 47, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN OF 
MAPLE HILL SUBJECT TO A REFERENDUM, referred to the State and Local 
Government Committee on February 8. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the State and Local Government Committee and re-referred to the Rules and 
Operations of the Senate Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the State and Local Government 
Committee and re-refers the measure to the Rules and Operations of the Senate Committee. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Jacqueline Yvette Bennett, Durham; Danica W. Coleman, Raleigh; Luke Davis, 
Lumber Bridge; Brandon Carl Gaines, Lumberton; Andrew D. Hargrove, Raleigh; 
Jeremy B. Irwin, Clayton; Jessica A. Irwin, Clayton; Crystal Leftdwrige, Selma; Kate 

February 15, 1999 



1999] SENATE JOURNAL 83 

Macesich, Raleigh; Catherine Warren McNeill, Raeford; William Brent Odom, 
Smithfield; Mason Lee Rhodes, Kinston; A. Paul Shergill, Kings Mountain; and Joanna 
Wilson, Chapel Hill. 

Upon motion of Senator Ballance, seconded by Senator Jordan, the Senate adjourns, 
subject to introduction of bills, to meet tomorrow, Tuesday, February 16, at 2:00 P.M. 

INTRODUCTION OF BILLS AND A RESOLUTION 



Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Martin of Pitt: 

S.B. 70, A BILL TO BE ENTITLED AN ACT RELATING TO THE 6TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Martin of Pitt: 

S.B. 71, A BILL TO BE ENTITLED AN ACT RELATING TO THE 6TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Martin of Pitt: 

S.B. 72, A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS OF 
NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Hartsell, Cochrane, Dalton, Hoyle, Kerr and Webster: 
S.B. 73, A BILL TO BE ENTITLED AN ACT TO UPDATE THE METHOD FOR 
DETERMINING THE PRESENT-USE VALUE OF AGRICULTURAL AND 
HORTICULTURAL LAND TO MORE ACCURATELY REFLECT ITS VALUE AS 
FARMLAND. 

Referred to Finance Committee. 

By Senators Hoyle, Dalton, Hartsell, Kerr and Webster: 

S.B. 74, A BILL TO BE ENTITLED AN ACT TO ADD FOUR NEW TAX 
ANALYSTS IN THE TAX RESEARCH DIVISION OF THE DEPARTMENT OF 
REVENUE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Hoyle, Cochrane, Dalton, Hartsell, Kerr and Webster: 
S.B. 75, A BILL TO BE ENTITLED AN ACT TO REQUIRE CORPORATIONS 
THAT ARE REQUIRED TO PAY FEDERAL-ESTIMATED INCOME TAX BY 
ELECTRONIC FUNDS TRANSFER TO PAY STATE-ESTIMATED INCOME TAX 
BY ELECTRONIC FUNDS TRANSFER. 
Referred to Finance Committee. 

By Senators Ballance, Ballantine, Cooper, Dannelly, Gulley, Jordan, Lee, Lucas, 
Martin of Guilford, Miller, Odom, Phillips, Reeves, Shaw of Cumberland and Soles: 

S.B. 76, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DIVISION OF 
CRIMINAL STATISTICS TO COLLECT AND MAINTAIN STATISTICS ON 

February 15, 1999 



84 SENATE JOURNAL [Session 

TRAFFIC LAW ENFORCEMENT. 
Referred to Judiciary II Committee. 

By Senators Hoyle, Albertson, Ballance, Ballantine, Carpenter, Carrington, Carter, 
Clodfelter, Dalton, Dannelly, East, Forrester, Foxx, Garrou, Gulley, Hartsell, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Miller, Odom, Perdue, Plyler, Purcell, 
Rand, Reeves, Rucho, Shaw of Cumberland, Soles, Warren, Webster and Weinstein: 

S.B. 77, A BILL TO BE ENTITLED AN ACT TO ENACT THE SURFACE 
TRANSPORTATION ACT OF 1999. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Soles: 

S.J.R. 78, A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF THE 
APPOINTMENT OF HAL. D. LINGERFELT AS COMMISSIONER OF BANKS. 
Referred to Commerce Committee. 

By Senator Rand: 

S.B. 79, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
GOVERNOR AND LIEUTENANT GOVERNOR RUN AS A JOINT TICKET IN THE 
GENERAL ELECTION, TO CLARIFY THE STATUS OF ACTING GOVERNOR, 
AND TO PROVIDE THAT THE LIEUTENANT GOVERNOR SHALL BE 
NOMINATED BY PARTY EXECUTIVE COMMITTEE, RATHER THAN UNDER 
THE PRIMARY ACT. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 80, A BILL TO BE ENTITLED AN ACT RELATING TO THE 24TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 81, A BILL TO BE ENTITLED AN ACT RELATING TO THE 24TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 82, A BILL TO BE ENTITLED AN ACT RELATING TO THE 24TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 83, A BILL TO BE ENTITLED AN ACT RELATING TO THE 24TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 84, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO THE 
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR THE 
CAPITAL COSTS OF ESTABLISHING A FARMERS' MARKET IN WILMINGTON. 

Referred to Appropriations/Base Budget Committee. 

February 15, 1999 



1999] SENATE JOURNAL 85 

By Senator Jordan: 

S.B. 85, A BILL TO BE ENTITLED AN ACT RELATING TO THE 7TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 86, A BILL TO BE ENTITLED AN ACT RELATING TO THE 7TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 87, A BILL TO BE ENTITLED AN ACT RELATING TO THE 7TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 88, A BILL TO BE ENTITLED AN ACT RELATING TO THE 7TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 89, A BILL TO BE ENTITLED AN ACT RELATING TO THE 7TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Forrester, Cochrane, Foxx, Garrou, Hagan, Kinnaird, Lucas, Perdue, and 
Purcell: 

S.B. 90, A BILL TO BE ENTITLED AN ACT TO ENSURE THAT INSURERS 
THAT PROVIDE HEALTH INSURANCE COVERAGE FOR PRESCRIPTION DRUGS 
PROVIDE COVERAGE FOR PRESCRIBED CONTRACEPTIVE DRUGS AND 
DEVICES AND FOR OUTPATIENT CONTRACEPTIVE SERVICES. 

Referred to Health Care Committee. 

By Senators Foxx, Allran, Ballantine, Carpenter, Carrington, Carter, Clodfelter, 
Cochrane, Dalton, Forrester, Garrou, Garwood, Hagan, Harris, Hartsell, Horton, Kinnaird, 
Lucas, Metcalf, Miller, Moore, Perdue, Phillips, Purcell, Rand, Robinson, Rucho, Shaw of 
Guilford, Warren, Weinstein and Wellons: 

S.B. 91, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A PROGRAM TO 
RAISE PUBLIC AWARENESS ABOUT THE PREVENTION, DIAGNOSIS, AND 
TREATMENT OF OSTEOPOROSIS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carpenter, Carter, Metcalf and Robinson: 

S.B. 92, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
GENETIC HEALTH CARE SERVICES TO ASSIST IN THE PREVENTION OF 
INFANT MORTALITY AND OTHER DISEASES AND DISABILITIES RELATED TO 
GENETIC DISORDERS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Shaw of Cumberland and Rand: 

S.B. 93, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE 
FUNDS TO CONSTRUCT A FINE ARTS CLASSROOM BUILDING AT 

February 15, 1999 



86 SENATE JOURNAL [Session 

FAYETTEVILLE STATE UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Cochrane: 

S.B. 94, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE DEVELOPMENT OF THE COOLEEMEE TEXTILE HERITAGE HISTORIC 
SITE IN THE TOWN OF COOLEEMEE IN DAVIE COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lee, Cooper and Perdue: 

S.B. 95, A BILL TO BE ENTITLED AN ACT TO MODIFY THE ELIGIBILITY 
REQUIREMENTS FOR MEMBERSHIP ON THE STATE BOARD OF COMMUNITY 
COLLAGES AND FOR MEMBERSHIP ON THE BOARD OF GOVERNORS OF THE 
UNIVERSITY OF NORTH CAROLINA. 

Referred to Education/Higher Education Committee. 

By Senators Purcell and Plyler: 

S.B. 96, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS IN 
THE 17TH SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Purcell and Plyler: 

S.B. 97, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS IN 
THE 17TH SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Purcell and Plyler: 

S.B. 98, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS IN 
THE 17TH SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Purcell and Plyler: 

S.B. 99, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS IN 
THE 17TH SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Purcell and Plyler: 

S.B. 100, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
IN THE 17TH SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Plyler and Purcell: 

S.B. 101, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE SEVENTEENTH SENATORIAL DISTRICT. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Plyler and Purcell: 

S.B. 102, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE SEVENTEENTH SENATORIAL DISTRICT. 
Referred to Rules and Operations of the Senate Committee. 

February 15, 1999 



1999] SENATE JOURNAL 87 

By Senators Plyler and Purcell: 

S.B. 103, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE SEVENTEENTH SENATORIAL DISTRICT. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Plyler and Purcell: 

S.B. 104, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE SEVENTEENTH SENATORIAL DISTRICT. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Plyler and Purcell: 

S.B. 105, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE SEVENTEENTH SENATORIAL DISTRICT. 
Referred to Rules and Operations of the Senate Committee. 

Pursuant to Senator Ballance's motion to adjourn having prevailed, the Senate 
adjourns at 7:53 P.M. 



TWELFTH DAY 

Senate Chamber 
Tuesday, February 16, 1999 






The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Lord God, it occurs to us that perhaps we should quit reading that pile of newspapers 
we pour over before coming to work in this Chamber. The news is chronically depressing 
everywhere, and sometimes it drags us down before we even get to our seats. 

"Help us when we get disheartened, to remember that it is this conflicted, broken 
world that You love and not some other perfect kingdom that we have constructed in our 
own imaginations. You are a God who delivers the world from chaos to order, from 
darkness to light, and from death to life. Give us new insight to see these magnificent 
possibilities as we read between the lines of the morning papers. It would make our jobs 
considerably more hopeful. In Your Name we pray. Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Martin of Pitt and Senator Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 15, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Marion Wilson 
Griffin from Asheboro, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Ed Kirkpatrick from Kinston, North Carolina, who is serving the Senate as Nurse of 
the Day. 

February 16, 1999 



88 SENATE JOURNAL [Session 

REPORT OF COMMITTEE 

A bill and a resolution are reported from a standing committee, read by their titles, 
together with the report accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Commerce Committee: 

S.J.R. 32, A JOINT RESOLUTION PROVIDING FOR THE CONFIRMATION OF 
THE APPOINTMENT OF ROBERT KOGER MADE BY THE GOVERNOR TO 
MEMBERSHIP ON THE NORTH CAROLINA UTILITIES COMMISSION, with a 
favorable report. 

S.B. 23, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGULATING MASS GATHERINGS, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6515 is adopted and 
engrossed. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Perdue: 

S.B. 106, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Perdue: 

S.B. 107, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Miller: 

S.B. 108, A BILL TO BE ENTITLED AN ACT TO PERMIT THE STATE TO 
PROVIDE SCHOOL AND ACTIVITY BUSES FOR THE TRANSPORTATION NEEDS 
OF THE SPECIAL OLYMPICS. 

Referred to State and Local Government Committee. 

By Senator Miller: 

S.B. 109, A BILL TO BE ENTITLED AN ACT TO REQUIRE MORE SPECIFIC 
DISCLOSURE OF LOBBYING. 

Referred to Judiciary II Committee. 

By Senators Warren, Albertson, Clodfelter, Dannelly, Harris, Hoyle, Lucas, Martin of 
Guilford, Purcell and Wellons: 

S.B. 110, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE NORTH CAROLINA GEOGRAPHIC ALLIANCE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carter and Metcalf: 

S.B. Ill, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS 
TO CONSTRUCT AN ELEVATOR IN THE YMI CULTURAL CENTER 

February 16, 1999 



1999] SENATE JOURNAL 89 

IN THE CITY OF ASHEVILLE. 

Referred to Appropriations/Base Budget Committee. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 26, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROHIBITION 
ON REIMBURSEMENT FOR SERVICES PROVIDED BY SCHOOL-BASED 
HEALTH CLINICS UNDER THE CHILDREN'S HEALTH INSURANCE PROGRAM. 

The bill passes its second (44-3) and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Basnight, seconded by Senator Carpenter, the Senate adjourns 
at 2:32 P.M. to meet tomorrow, Wednesday, February 17, at 2:00 P.M. 



THIRTEENTH DAY 

Senate Chamber 
Wednesday, February 17, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Spirit of truth, we are drowning in words in this Senate - committee meetings, bill 
drafts, e-mail, voice mail, chicken salad speeches. We confess that sometimes it feels like 
we live in the shadow of the Tower of Babel, where words are used to conceal meaning 
rather than make it plain. 

"God of revelation, if in Your providence You confused the speech of Your proud 
people when they attempted to build so great a tower, You have also provided us the 
means by which we might overcome this vain confusion. May the words of our mouths 
and the meditations of our hearts be acceptable in Your sight, O God our Strength and our 
Redeemer. Amen." 

With unanimous consent, the President grants a leave of absence for today to Senator 
Martin of Pitt. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 16, 1999, has been examined and is found to be correct. Upon his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President Pro Tempore of the Senate extends courtesies of the floor to Dr. Marsha 
Duke Fretwell from Wilmington, North Carolina, who is serving the Senate as Doctor of 
the Day. 

February 17, 1999 



90 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Hoyle for the Finance Committee: 

S.B. 29, A BILL TO BE ENTITLED AN ACT TO INCREASE THE 
EXAMINATION FEES COLLECTED UNDER THE COSMETIC ART ACT, with a 
favorable report. 

S.B. 33, A BILL TO BE ENTITLED AN ACT CONCERNING ANNEXATION OF 
CERTAIN PROPERTY BY THE TOWN OF CLAYTON, with a favorable report. 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 43, A BILL TO BE ENTITLED AN ACT TO CONSOLIDATE THE TOWN OF 
ALEXANDER MILLS INTO THE TOWN OF FOREST CITY, with a favorable report. 
Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 108, A BILL TO BE ENTITLED AN ACT TO PERMIT THE STATE TO 
PROVIDE SCHOOL AND ACTIVITY BUSES FOR THE TRANSPORTATION NEEDS 
OF THE SPECIAL OLYMPICS, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6521 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Miller, the rules are suspended and 
the Committee Substitute bill is placed at the end of today's Calendar. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Soles: 

S.B. 112, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE ESTABLISHMENT OF AN ADDITIONAL ASSISTANT DISTRICT ATTORNEY 
POSITION IN THE THIRTEENTH PROSECUTORIAL DISTRICT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf and Carter: 

S.B. 113, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CAPITAL IMPROVEMENTS AT THE WESTERN NORTH CAROLINA FARMERS 
MARKET. 

Referred to Appropriations/Base Budget Committee. 

By Senators Hoyle and Forrester: 

S.B. 114, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF THE HIGHLAND SCHOOL OF TECHNOLOGY IN 
GASTON COUNTY. 

Referred to Appropriations/Base Budget Committee. 

February 17, 1999 



1 999] SENATE JOURNAL 9 1 

By Senators Garwood, Allran, Carpenter, Carter, Cochrane, Dalton, Forrester, Horton, 
Lee, Metcalf, Moore, Purcell and Rucho: 

S.B. 115, A BILL TO BE ENTITLED AN ACT TO EXTEND FOR ONE YEAR 
THE DEADLINE FOR MATCHING COMMUNITY COLLEGE BOND FUNDS. 

Referred to Finance Committee. 

By Senators Dalton, Cochrane, Garwood, Hartsell, Hoyle, Kerr, Lucas and Webster: 
S.B. 116, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE USE OF 
STAMPS TO INDICATE WHETHER THE EXCISE TAX ON CONVEYANCES HAS 
BEEN PAID AND TO MAKE THE PENALTIES THAT APPLY TO THIS TAX THE 
SAME AS FOR OTHER TAXES. 
Referred to Finance Committee. 

By Senator Soles: 

S.B. 117, A BILL TO BE ENTITLED AN ACT TO EXPAND THE MEMBERSHIP 
OF THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL 
OPERATIONS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Rucho, Allran, Ballantine, Foxx, Moore and Shaw of Guilford: 
S.B. 118, A BILL TO BE ENTITLED AN ACT TO PERMIT CHILDREN TO 
ATTEND COMMUNITY SCHOOLS. 

Referred to Education/Higher Education Committee. 

By Senators Allran, Carpenter and Garwood: 

S.B. 119, A BILL TO BE ENTITLED AN ACT TO CAUSE EACH SCHOOL BUS 
OWNED OR OPERATED BY SUCH LOCAL SCHOOL ADMINISTRATIVE UNIT TO 
BE INSPECTED AT LEAST ONCE EACH THIRTY-EIGHT DAYS DURING THE 
SCHOOL YEAR. 

Referred to Transportation Committee. 

By Senators Allran, Carpenter, Cochrane, Forrester, Foxx, Garwood, Hartsell, Jordan, 
Metcalf, Moore, Phillips and Shaw of Guilford: 

S.B. 120, A BILL TO BE ENTITLED AN ACT TO INCREASE THE PENALTIES 
RELATED TO UNDERAGE DRINKING. 

Referred to Judiciary I Committee. 

By Senators Reeves and Miller: 

S.B. 121, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE EDUCATION CENTER AT THE CONTEMPORARY ART MUSEUM IN THE 
CITY OF RALEIGH. 

Referred to Appropriations/Base Budget Committee. 






CALENDAR 

Bills and a resolution on today's Calendar are taken up and disposed of, as follows: 

S.B. 23 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO CLARIFY 
THE LAW REGULATING MASS GATHERINGS. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered sent to the House of Representatives. 

February 17, 1999 



92 SENATE JOURNAL [Session 

S.J.R. 32, A JOINT RESOLUTION PROVIDING FOR THE CONFIRMATION OF 
THE APPOINTMENT OF ROBERT KOGER MADE BY THE GOVERNOR TO 
MEMBERSHIP ON THE NORTH CAROLINA UTILITIES COMMISSION. 

The joint resolution passes its second (49-0) and third readings and is ordered sent to 
the House of Representatives. 

S.B. 108 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO PERMIT 
THE STATE TO PROVIDE SCHOOL AND ACTIVITY BUSES FOR THE 
TRANSPORTATION NEEDS OF THE SPECIAL OLYMPICS, placed earlier on today's 
Calendar. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered sent by special message to the House of Representatives. 

Upon motion of Senator Ballance, seconded by Senator Soles, the Senate adjourns at 
2:48 P.M. to meet tomorrow, Thursday, February 18, at 1 1 :30 A.M. 



FOURTEENTH DAY 

Senate Chamber 
Thursday, February 18, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of joy and mirth, You created the giraffe, the aardvark, and schools of leaping 
dolphin, so it is plain that You have the capacity to laugh with and through Your creation. 
That is good news for us, because as conscientious as we are, there are times when we 
take ourselves entirely too seriously. 

"Give us the freedom and the maturity to laugh at ourselves from time to time as 
You do. Help us also to realize that we are not the permanent, artful garden ornaments we 
sometimes imagine ourselves to be, but only temporary, humble laborers in Your 
vineyard. Bless us with a good measure of laughter this day, in Your Name we pray. 
Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Hoyle, Senator Martin of Pitt, and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 17, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Noel Bruce McDevitt 
from Pinehurst, North Carolina, who is serving the Senate as Doctor of the Day, and to 
William Grau from Greenville, North Carolina, who is serving the Senate as Nurse of the 
Day. 

February 18, 1999 



1999] SENATE JOURNAL 93 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Miller for the Judiciary II Committee: 

S.B. 41, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT EVERY 
DWELLING UNIT LEASED AS RENTAL PROPERTY IN CERTAIN CITIES BE 
FURNISHED WITH A SOURCE OF HEAT, with a favorable report. 

S.B. 62, A BILL TO BE ENTITLED AN ACT TO VALIDATE CERTAIN 
NOTARIAL ACTS, with a favorable report. 

By Senator Dalton for the Education/Higher Education Committee: 

North Carolina General Assembly 

Senate Chamber 

State Legislative Building 

Raleigh 27601-2808 

February 18, 1999 

TO: Members of the Senate 

FROM: Senators Dalton and Lee, Co-Chairs 

Education/Higher Education Committee 

RE: Board of Governors Nominees 

Pursuant to Senate Resolution 68, the Education/Higher Education Committee has met 
and nominates the following individuals to serve in the six at-large positions on the Board 
of Governors of The University of North Carolina: 

NOMINEE SENATE SPONSOR(S) 

Freeman Edward "Ed" Broadwell, Jr. Senator Carter, Senator Metcalf 

Senator Robinson 
William T. Brown Senator Rand, Senator Larry Shaw 

William L. Burns, Jr. Senator Gulley 

C. Cliff Cameron Senator Hoyle, Senator Plyler, 

Senator Rand 
McDuffie Cummings Senator Weinstein 

Robert V. Owens III Senator Soles 

Benjamin S. Ruffin Senator Ballance 



The Committee nominates the following individuals to serve in the two Minority 
Political Party Category positions on the Board of Governors of The University of North 
Carolina: 

Kelly Leonard Senator Robinson 

Teena Little Senator Cochrane 



February 18, 1999 



94 SENATE JOURNAL [Session 

Cary Caperton Owen Senator Garwood 

Barbara S. Perry Senator Ken- 

Senator Perdue 
Senator Warren 

Since the date of the committee meeting, the following individuals have withdrawn 
their consent to be nominated and shall not appear on the ballot: 

McDuffie Cummings (At-Large Category) 

Kelly Leonard (Political Minority Party Category) 

Cary Caperton Owen (Political Minority Party Category) 

ELECTION OF MEMBERS 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

With the report of the Education/Higher Education Committee before the Body, and 
pursuant to G.S. 116-6 and S.R. 68, A SENATE RESOLUTION TO ESTABLISH THE 
PROCEDURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD 
OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, the President 
recognizes Senator Dalton, Co-Chairman of Education/Higher Education Committee, to 
explain the voting rules. Senator Dalton announces that Senator Clodfelter, Senator 
Hagan, and Senator Hartsell will serve as his assistants to collect and canvass the ballots. 

Senator Horton requests that his remarks regarding the report of the Education/Higher 
Education Committee be recorded as a part of the record as follows: 

"Mr. President, I hate to lend a sour note to the affair that seems to be going on here, 
but I must record that I feel personally offended at the procedure that we have followed. 
The majority was advised at the Education Committee meeting that the Minority Party had 
caucused and selected the people that it wanted to represent it on the Board of Governors 
and, in spite of that, we find that the majority has, in effect, selected the minority's own 
candidates. This is why you see just two people there. The word was very clearly let out 
that the people selected by the Minority Party to represent them were simply not going to 
be part of the game. Mr. President, this isn't the sort of stability, the sort of collegiality 
that we are used to here and I regret it immensely. It is not as if the majority needed to do 
this. It's not as if they had any real worry whether there was a sufficient majority to run 
rough shod over the wishes of the minority to select their own representatives, and I guess 
it's the gratuitous aspect of it that strikes me harder than anything else. And I do want to 
record that and the protest that I think many of us feel that we have not been allowed to 
select our own people to represent the Minority Party in their own category." 

Senator Dalton calls the previous question on the report, seconded by Senator Martin 
of Guilford. The call is sustained. 

The ballots are distributed and the Senators proceed to vote by marking and signing 
their ballots. 

Senator Dalton requests dismissal from the Chamber for himself and the appointed 
members to canvass the votes. The President excuses Senator Clodfelter, Senator Dalton, 
Senator Hagan, Senator Hartsell, and Senator Lee from the Chamber to canvass the votes. 

REPORTS OF COMMITTEES (Continued) 

By Senator Rand for the Rules and Operations of the Senate Committee: 

S.B. 117, A BILL TO BE ENTITLED AN ACT TO EXPAND THE MEMBERSHIP 

February 18, 1999 



1999] SENATE JOURNAL 95 

OF THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL 
OPERATIONS, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Kinnaird: 

S.B. 122, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kinnaird: 

S.B. 123, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kinnaird: 

S.B. 124, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kinnaird: 

S.B. 125, A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS OF 
NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Warren, Carpenter, Clodfelter, Cooper, Dannelly, Hoyle and Shaw of 
Cumberland: 

S.B. 126, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A DIABETES CENTER AT EAST CAROLINA 
UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Hartsell: 

S.B. 127, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
CORRECTIONS AND CONFORMING CHANGES TO THE GENERAL STATUTES 
AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

• 

By Senator Hartsell: 

S.B. 128, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
CONCERNING INTEREST ON MONEY JUDGMENTS, AS RECOMMENDED BY 
THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 129, A BILL TO BE ENTITLED AN ACT TO REPEAL ARTICLE 6 OF THE 
UNIFORM COMMERCIAL CODE RELATING TO BULK TRANSFERS AND TO 
ENACT CONFORMING AMENDMENTS TO THE UNIFORM COMMERCIAL CODE 
AND OTHER SECTIONS OF THE GENERAL STATUTES, AS RECOMMENDED BY 

February 18, 1999 



96 SENATE JOURNAL [Session 

THE GENERAL STATUTES COMMISSION. 
Referred to Judiciary I Committee. 

By Senators Wellons, Garrou, Harris and Warren: 

S.B. 130, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE SUNSET ON 
USING SAVED EMPLOYER FICA CONTRIBUTIONS TO PAY THE 
ADMINISTRATIVE EXPENSES OF THE FLEXIBLE BENEFITS PROGRAM. 

Referred to Finance Committee. 

By Senators Robinson, Carter and Metcalf: 

S.B. 131, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
NORTH CAROLINA INTERNATIONAL FOLK FESTIVAL, INC., FOR FOLKMOOT 
USA. 

Referred to Appropriations/Base Budget Committee. 

By Senators Jordan, Ballantine and Soles: 

S.B. 132, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
RENOVATE AND REPAIR CAPE FEAR COMMUNITY COLLEGE'S DOCK 
FACILITY THAT SUPPORTS A RESEARCH VESSEL USED FOR THE COLLEGE'S 
MARINE TECHNOLOGY PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Purcell and Plyler: 

S.B. 133, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
EXPAND THE SCOTLAND COUNTY SATELLITE OF RICHMOND COMMUNITY 
COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Allran, Ballantine, Carpenter, Forrester, Garwood, Jordan, Lucas, Moore, 
Rucho, Shaw of Guilford and Webster: 

S.B. 134, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
SCHOOL UTILITY COSTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Foxx, Allran, Ballantine, Carpenter, Carrington, Cochrane, East, 
Forrester, Garwood, Hartsell, Horton, Moore, Rucho, Shaw of Guilford and Webster: 

S.B. 135, A BILL TO BE ENTITLED AN ACT TO RESTRICT THE USE OF 
SPECIAL PROVISIONS TO APPROPRIATIONS ISSUES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Shaw of Cumberland, Ballance, Ballantine, Jordan and Lucas: 

S.B. 136, A BILL TO BE ENTITLED AN ACT TO DESIGNATE ENTERPRISE 

TAX ZONES AND PROVIDE INCENTIVES FOR BUSINESS DEVELOPMENT IN 

THE ZONES. 

Referred to Finance Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 29, A BILL TO BE ENTITLED AN ACT TO INCREASE THE 
EXAMINATION FEES COLLECTED UNDER THE COSMETIC ART ACT. 



February 18, 1999 



1999] SENATE JOURNAL 97 

With unanimous consent, upon motion of Senator Kerr, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Tuesday, February 23. 

ANNOUNCEMENT OF MEMBERS 
ELECTED TO THE BOARD OF GOVERNORS 
OF THE UNIVERSITY OF NORTH CAROLINA 

Pursuant to S.R. 68, A SENATE RESOLUTION TO ESTABLISH THE 
PROCEDURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD 
OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, and with forty- 
seven ballots having been properly completed, Senator Dalton, Co-Chairman of the 
Education/Higher Education Committee, announces the results of the election of the Board 
of Governors of the University of North Carolina, as follows: 

AT-LARGE CATEGORY - FOUR YEAR TERM 

Freeman Edward "Ed" Broadwell, Jr. 

William T. Brown 

William L. Burns, Jr. 

C. Cliff Cameron 
Robert V. Owens III 
Benjamin S. Ruffin 

MINORITY POLITICAL PARTY CATEGORY - FOUR YEAR TERM 

Teena S. Little 
Barbara S. Perry 

The President declares Freeman Edward "Ed" Broadwell, Jr., William T. Brown, 
William L. Burns, Jr., C. Cliff Cameron, Robert V. Owens III, Benjamin S. Ruffin, 
Teena S. Little, and Barbara S. Perry duly elected to the Board of Governors of The 
University of North Carolina, and he further orders a special message sent to the House of 
Representatives informing that Honorable Body of such action. The President directs 
Senator Dalton and Senator Lee, Co-Chairmen of the Education/Higher Education 
Committee, to notify the Secretary of the Board of Governors of The University of North 
Carolina of the names of the persons elected by the Senate and the category and term for 
which each person was elected. 

CALENDAR (Continued) 

S.B. 33, A BILL TO BE ENTITLED AN ACT CONCERNING ANNEXATION OF 
CERTAIN PROPERTY BY THE TOWN OF CLAYTON, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Phillips, 
Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, 
Soles, Warren, Webster, and Wellons — 47. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, February 22, upon third 
reading. 

February 18, 1999 



98 SENATE JOURNAL [Session 

ADDITIONAL SPONSOR 

Senator Carter requests to be added as a sponsor of previously introduced legislation: 

S.B. 76, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DIVISION OF 
CRIMINAL STATISTICS TO COLLECT AND MAINTAIN STATISTICS ON 
TRAFFIC LAW ENFORCEMENT. 

Upon motion of Senator Basnight, seconded by Senator Carrington, the Senate 
adjourns at 12:29 P.M. to meet Monday, February 22, at 7:00 P.M. 



FIFTEENTH DAY 

Senate Chamber 
Monday, February 22, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Bruce E. Stanley, Associate Director of Missions 
and Evangelism, Council on Ministries, United Methodist Church, Raleigh, North 
Carolina, as follows: 

"Lord of us all, we acknowledge that You have created within us a desire for 
community. It is not Your Will that any of us be alone through either the joys or the 
heartbreaks in life. Help us then, this night and always, to create communities that are 
pleasing in Your sight. Help us to form a society where people are drawn together in 
common purpose. Let the laws that we fashion reflect Your Grace and Your Will. May 
North Carolina be a place where all find representation, especially those who are unable to 
give voice for themselves. Provide for us a spirit of wisdom that we might find right 
solutions. Give us then a spirit of courage that we might stay that course. Pour out all 
good things on these Your servants here. Amen." 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Hoyle, Senator Odom, Senator Perdue, and Senator Plyler. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
February 1 8, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Joseph Michael 
Falsone from Chapel Hill, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Susan Hohenhaus from Durham, North Carolina, who is serving the Senate as 
Nurse of the Day. 

CALENDAR 

Bills on tonight's Calendar are taken up and disposed of, as follows: 

S.B. 41, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT EVERY 

February 22, 1999 



1999] SENATE JOURNAL 99 

DWELLING UNIT LEASED AS RENTAL PROPERTY IN CERTAIN CITIES BE 
FURNISHED WITH A SOURCE OF HEAT. 

With unanimous consent, upon motion of Senator Reeves, the bill is withdrawn from 
tonight's Calendar and placed on the Calendar for tomorrow, Tuesday, February 23. 

Senator Rand offers a motion to suspend Rule 7 to the end that the introduction of bills 
be placed as the last order of business tonight, which motion prevails with unanimous 
consent. 

CALENDAR (Continued) 

S.B. 33, A BILL TO BE ENTITLED AN ACT CONCERNING ANNEXATION OF 
CERTAIN PROPERTY BY THE TOWN OF CLAYTON, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Hagan, Harris, Hartsell, Horton, Jordan, Kinnaird, Lee, 
Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Phillips, Purcell, Rand, 
Reeves, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, Soles, Warren, 
Webster, Weinstein, and Wellons — 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 62, A BILL TO BE ENTITLED AN ACT TO VALIDATE CERTAIN 
NOTARIAL ACTS. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 117, A BILL TO BE ENTITLED AN ACT TO EXPAND THE MEMBERSHIP 
OF THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS. 

The bill passes its second (45-0) and third readings and is ordered sent to the House of 
Representatives. 

RECOGNITION OF BLACK HISTORY MONTH 

With unanimous consent, upon motion of Senator Jordan, the comments of the 
members of the Legislative Black Caucus, speaking to points of personal privilege 
commemorating Black History Month, are spread upon the Journal as follows: 

Senator Ballance: 

"Mr. President, as you know and the members of the Senate know, this is February, 
this is Black History month, and several years ago Dr. Carter Woodson started the 
celebration to highlight the contributions of African Americans to our society. By the 
time we arrive next Monday night, this month will be all gone and so we wanted to, the 
members of the Legislative Black Caucus in the Senate wanted to take this opportunity 
tonight to just have a few remarks by two of our members, beginning, if you would, Mr. 
President, recognize Senator Charlie Dannelly, and then after that, cleanup, Senator 
Jeannie Lucas." 

Senator Dannelly: 

"Thank you, Mr. President, ladies and gentlemen of the Senate. I sorta took something 
from an advertisement by one of the companies in North Carolina, Bell South. I thought it 

February 22, 1999 



100 SENATE JOURNAL [Session 

was quite appropriate and it expresses how a lot of us feel all the time, but particularly this 
month, February. The title of it is I Am the Drum and it reads: 

" 'My roots are grounded deep in the soil of Africa. Centuries ago I arrived on the 
shores of America, bringing with me my culture and the voices of my people. Since that 
time, I have played a major role in every known civilization. I speak one language, 
transcending race, age, and gender. Just listen.' 

"And as we celebrate the contributions of Negroes, Blacks, African Americans, and 
we've been called all those, I want to read to you some inventions by Black inventors, 
things, some of them I had no knowledge of and maybe you too, but we use some of them 
everyday, and think not who invented them. Most of these were done during the 
nineteenth century. The egg beater, Willie Johnson; the lemon squeezer, J. Thomas 
White; the mop, Thomas W. Stewart; the telephone transmitter and automatic cut-off 
switch, Granville T. Woods; the typewriter, Burridge and Marshman; the guitar, Robert F. 
Flemming, Jr.; the ice cream scoop, A. L. Cralle; the hair brush, Lydia O. Newman; the 
wok, W. A. Martin, not our two Martins; peanut butter improvements and many, many 
more things from the peanut, George Washington Carver; sugar making, Norbert Rillieux; 
the doorknob, we use them everyday, O. Dorsey; furniture caster, O. A. Fisher; bicycle 
frame, L. R. Johnson; the lantern, Michael C. Harvey; the automatic fishing device, you 
fishermen, G. Cook; the keychain, F. J. Loudin; lawnmower, L. A. Burr, I wish he hadn't 
invented that one; the stove, T. A. Carrington; the tricycle, M. A. Cherry; baby buggy, W. 
H. Richardson; the refrigerator, J. Standard; the elevator, Alexander Miles; fire escape 
ladder, J. W. Winters; the folding bed, L. C. Bailey; shampoo headrest, C. O. Bailiff; and 
just five from the twentieth century, just not even a thimblefull, air conditioning unit, 
Frederick M. Jones; straightening comb, Madam C. J. Walker; and the record player arm, 
Joseph Hunger Dickenson; thermostat control, Frederick M. Jones; and something half of 
us in here cannot do without now, the cellular car phone, Henry T. Sampson. 

"As we use these things, think about it. Maybe they would not have been invented and 
we would be struggling today. Those are just some of the African-American contributions 
during our history in this country. Thank you." 

Senator Lucas: 

"Thank you, Mr. President. Mr. President and members of the Senate, in celebration 
of this month, I've asked the question, 'Where do we go from here?' It is always good for 
us to take time out and give reverence to events and things that occur in our lives that 
heighten our awareness about ourselves, about our history, and about our world. And as 
we wait with great anticipation of a better and more progressive future, it would be 
injudicious for us not to reflect on from where we have come in an effort to map the 
course of where we need to go. 

"As African-Americans, our history here in America is as rich and as diverse as the 
soil on which we walk and stand. The legacy of our people bears countless stories of 
humility, of courage, of fortitude, and faith. It is through our history of great struggle that 
we have become a people inspired by hope, pride and progress. Frederick Douglas once 
said, 'If there is no struggle, there is no progress.' The hardships and battles that African- 
Americans have endured and won throughout history has left an invaluable impression, an 
unchanging impression on the fabric of American society. 

"So why is this moment so important? What does it mean? What are we doing to 
continue this great legacy? History is a map. It helps us in understanding the point at 
which we stand and the destination in which we are headed. Those who fail to know and 
understand their history are destined to repeat it. We must remember that there are those 
in America who are seeking our support, our wisdom, our knowledge, as they go about 
their daily lives. So where do we go from here? It's with a commitment from each of us 
to reach out to those and share our expertise, our skills, our wisdom, our knowledge, and 

February 22, 1999 



1 999] SENATE JOURNAL 1 1 

in closing, I simply call the names of Correta Scott King, of Rosa Parks, Myrlie Evers, 
Dorothy Height. The last statement I would make is, we must remember that no matter 
what, our destinies are interwoven, and we cannot expect this world to be better for some 
of us without doing what is necessary to make it better for all of us. Thank you." 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Carla Kristen Ainsley, Tarboro; James David Arnold, Fuquay-Varina; Kelly Arnold, 
Fayetteville; Chadwick Jonathan Barnhill, Raleigh; David Barnhill, Jamestown; Aaron 
Lee Bell, Robbins; Matthew Carpenter, Sylva; Andrew Brett Harr, Sylva; Benjamin L. 
McDonald, Raeford; Audra Leigh Noble, Tarboro; Bryan Patrick Roach, Raleigh; Patrick 
Lee Sellers, Edenton; Sarah Elizabeth Vinson, Faison; and Nikia L.Young, Wilmington. 

Upon motion of Senator Basnight, seconded by Senator Rucho, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Tuesday, February 23, 
at 4:00 P.M. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Metcalf and Carter: 

S.B. 137, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
RENOVATE THE OTEEN CENTER IN THE CITY OF ASHEVILLE TO PROVIDE A 
PERMANENT HEADQUARTERS FOR THE WESTERN OFFICE OF THE NORTH 
CAROLINA DIVISION OF ARCHIVES AND HISTORY AND STORAGE SPACE 
FOR REGIONAL RECORDS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Moore and Garwood: 

S.B. 138, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ALEXANDER COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 139, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ALEXANDER COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 140, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF AVERY COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 141, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF AVERY COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

February 22, 1999 



102 SENATE JOURNAL [Session 

By Senators Moore and Garwood: 

S.B. 142, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF BURKE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 143, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF BURKE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 144, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF CALDWELL COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 145, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF CALDWELL COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 146, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF MITCHELL COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 147, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF MITCHELL COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 148, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF WILKES COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 149, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF WILKES COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 150, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF YADKIN COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Moore and Garwood: 

S.B. 151, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF YADKIN COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Guilford: 

S.B. 152, A BILL TO BE ENTITLED AN ACT RELATING TO THE 19TH 

February 22, 1999 



1 999] SENATE JOURNAL 1 03 

SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Guilford: 

S.B. 153, A BILL TO BE ENTITLED AN ACT RELATING TO THE 19TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Guilford: 

S.B. 154, A BILL TO BE ENTITLED AN ACT RELATING TO THE 19TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Guilford: 

S.B. 155, A BILL TO BE ENTITLED AN ACT RELATING TO THE 19TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wei Ions: 

S.B. 156, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 
THE AUTHORITY OF THE LAKE ROYALE COMMUNITY IN FRANKLIN AND 
NASH COUNTIES TO REGULATE THE OPERATION OF CERTAIN MOTOR 
VEHICLES AND TO ENHANCE THAT AUTHORITY. 

Referred to Transportation Committee. 

By Senators Lucas, Ballance, Ballantine, Carpenter, Carter, Cochrane, Dannelly, 
Forrester, Garrou, Jordan, Kinnaird, Lee, Metcalf, Phillips, Shaw of Cumberland and 
Wellons: 

S.B. 157, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR ADDITIONAL 
STAFF POSITIONS TO ENSURE REGULATORY COMPLIANCE OF ADULT CARE 
HOMES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lucas, Ballance, Ballantine, Carter, Cochrane, Dannelly, Forrester, 
Garrou, Jordan, Kinnaird, Lee, Metcalf, Phillips, Shaw of Cumberland and Wellons: 

S.B. 158, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
PROVIDE ADDITIONAL STAFF TO COUNTY DEPARTMENTS OF SOCIAL 
SERVICES FOR ADULT PROTECTIVE SERVICES AND GUARDIANSHIP. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lucas, Ballance, Ballantine, Carpenter, Carter, Cochrane, Dannelly, 
Forrester, Garrou, Jordan, Kinnaird, Lee, Metcalf, Phillips, Shaw of Cumberland and 
Wellons: 

S.B. 159, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
ADDITIONAL ADULT CARE HOME SPECIALISTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Carpenter, Carter, Clodfelter, Cochrane, Cooper, Dannelly, 
Forrester, Garrou, Garwood, Hagan, Hoyle, Kerr, Lucas, Martin of Guilford, Metcalf, 
Miller, Plyler, Purcell, Rand, Reeves, Shaw of Cumberland, Soles and Warren: 

S.B. 160, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 

February 22, 1999 



104 SENATE JOURNAL [Session 

CAROLINA BOARD OF NURSING TO ESTABLISH PROGRAMS TO AID THE 
REHABILITATION AND MONITORING OF NURSES WHO EXPERIENCE 
CERTAIN ADDICTIONS AND DISABILITIES. 
Referred to Health Care Committee. 

By Senators Carpenter, Allran, Ballantine, Carrington, Cochrane, East, Forrester, 
Foxx, Garwood, Horton, Moore, Rucho, Shaw of Guilford and Webster: 

S.B. 161, A BILL TO BE ENTITLED AN ACT TO REPEAL THE ANNUAL 
TRANSFER OF ONE HUNDRED SEVENTY MILLION DOLLARS IN HIGHWAY 
USE TAX COLLECTIONS FROM THE HIGHWAY TRUST FUND TO THE 
GENERAL FUND AND TO PROVIDE THAT THOSE FUNDS SHALL BE USED BY 
THE DEPARTMENT OF TRANSPORTATION FOR HIGHWAY MAINTENANCE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Hartsell: 

S.J.R. 162, A JOINT RESOLUTION AUTHORIZING THE GENERAL STATUTES 
COMMISSION TO STUDY UNIFORM COMMERCIAL CODE REVISED ARTICLE 9 
(SECURED TRANSACTIONS) AND TO REPORT TO THE 1999 GENERAL 
ASSEMBLY, REGULAR SESSION 2000, AS RECOMMENDED BY THE GENERAL 
STATUTES COMMISSION. 

Referred to Rules and Operations of the Senate Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 7:41 P.M. 



SIXTEENTH DAY 

Senate Chamber 
Tuesday, February 23, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Former Senate Chaplain and Retired 
Minister, United Methodist Church, Raleigh, North Carolina, as follows: 

"Eternal God, without whom life has no spiritual source, no high or holy purpose, but 
with whom there is power for the present and hope with vision aplenty for the future, we 
bow to seek Your face at the beginning of this weekly Session. 

"Each of us come, carrying in our hearts those whose lives are more precious to us 
than our own, fathers and mothers, husbands and wives, children and grandchildren. We 
lift them up before you, asking your blessing. 

"Bless also those whose votes of confidence have placed us in this Chamber of public 
trust. 

"Grant us, therefore, such a wise diligence that at the close of this Session we may 
return to our homes with no need to be ashamed. Amen." 

With unanimous consent, the President grants leaves of absence for today to 
Senator Hartsell, Senator Odom, and Senator Webster. 

February 23, 1999 



1 999] SENATE JOURNAL 1 05 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, February 22, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Michael Stewart 
Lancaster from Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Betty Wallace from Morehead City, North Carolina, who is serving the Senate as 
Nurse of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Martin of Pitt: 

S.B. 163, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
MULTIPURPOSE BUILDING AT THE STATE FAIR. 
Referred to Appropriations/Base Budget Committee. 

By Senator Martin of Pitt: 

S.B. 164, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE NORTH CAROLINA TECHNOLOGICAL DEVELOPMENT 
AUTHORITY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Rand, Albertson, Allran, Ballance, Ballantine, Carpenter, Carrington, 
Carter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, Garrou, Garwood, 
Hagan, Hartsell, Horton, Kerr, Lucas, Martin of Guilford, Martin of Pitt, Metcalf, Miller, 
Moore, Reeves, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, Soles, 
Warren, Webster, Weinstein and Wellons: 

S.B. 165, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT A DNA 
SAMPLE BE TAKEN FROM ANY PERSON ARRESTED FOR A FELONY AND 
STORED IN THE STATE DNA DATABASE AND TO ESTABLISH PILOT 
PROGRAMS TO IMPLEMENT THIS PROCEDURE. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

REPORTS OF COMMITTEES 

Bills and a resolution are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Commerce Committee: 

S.J.R. 78, A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF THE 
APPOINTMENT OF HAL D. LINGERFELT AS COMMISSIONER OF BANKS, with a 
favorable report. 

S.B. 51, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
GOVERNING HIGHWAY SMALL PROJECT BIDDING AND TO PROVIDE AN 
ALTERNATIVE PROCEDURE FOR RESOLVING STATE CONTRACT DISPUTES, 

February 23, 1999 



106 SENATE JOURNAL [Session 

with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3565, which changes 
the title to read, S.B. 51 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AMEND THE LAW GOVERNING HIGHWAY SMALL PROJECT BIDDING, is 
adopted and engrossed. 

By Senator Miller for the Judiciary II Committee: 

S.B. 8, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT AN ACT TO 
AMEND THE CONSTITUTION TO LIMIT THE LENGTH OF LEGISLATIVE 
SESSIONS AND TO PROVIDE FOUR-YEAR TERMS FOR MEMBERS OF THE 
SENATE, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3562 is adopted and 
engrossed. 

S.B. 9, A BILL TO BE ENTITLED AN ACT TO LIMIT THE LENGTH OF 
LEGISLATIVE SESSIONS AND TO PROVIDE FOUR-YEAR TERMS FOR 
MEMBERS OF THE SENATE, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6516 is adopted and 
engrossed. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 29, A BILL TO BE ENTITLED AN ACT TO INCREASE THE 
EXAMINATION FEES COLLECTED UNDER THE COSMETIC ART ACT. 

Senator Kerr offers Amendment No. 1 which is adopted (46-0). 

The bill, as amended, passes its second (46-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 41, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT EVERY 
DWELLING UNIT LEASED AS RENTAL PROPERTY IN CERTAIN CITIES BE 
FURNISHED WITH A SOURCE OF HEAT. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

Upon motion of Senator Basnight, seconded by Senator Shaw of Guilford, the Senate 
adjourns at 4:36 P.M. to meet tomorrow, Wednesday, February 24, at 4:00 P.M. 



SEVENTEENTH DAY 

Senate Chamber 
Wednesday, February 24, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 



February 24, 1999 



1 999] SENATE JOURNAL 1 07 

Prayer is offered by The Reverend Bruce E. Stanley, Associate Director of Missions 
and Evangelism, Council on Ministries, United Methodist Church, Raleigh, North 
Carolina, as follows: 

"Lord of us all, renew these Your servants as they sit for yet another Session. Give 
them the desire to seek what is excellent instead of what is expedient, give them the 
strength to do that which is courageous instead of that which is convenient, give them the 
ability to represent the will of the people without repressing the whispers of their own 
conscience. We pray they might have quality in their decisions so that we in North 
Carolina might have quality in our days. Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Clodfelter, Senator Cochrane, Senator Dannelly, Senator Plyler, Senator Reeves, and 
Senator Shaw of Cumberland. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, February 23, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Darlyne Menscor 
from Charlotte, North Carolina, who is serving the Senate as Doctor of the Day, and to 
Cathy Chapman from Burlington, North Carolina, who is serving the Senate as Nurse of 
the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

■ 
By Senator Cooper for the Judiciary I Committee: 

S.B. 57, A BILL TO BE ENTITLED AN ACT PROVIDING FOR LOSS OF 
DRIVERS LICENSE WHEN CERTAIN PROVISIONAL LICENSEES COMMIT 
DESIGNATED ACTS, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7525 which changes the 
title to read S.B. 57 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
PROVIDING FOR LOSS OF DRIVERS LICENSE PRIVILEGES BY CERTAIN 
PERSONS UNDER THE AGE OF EIGHTEEN FOR COMMITTING DESIGNATED 
ACTS, is adopted and engrossed. 

S.B. 128, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
CONCERNING INTEREST ON MONEY JUDGMENTS, AS RECOMMENDED BY 
THE GENERAL STATUTES COMMISSION, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2539 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Cooper, the Committee Substitute 
bill is placed on the Calendar for Wednesday, March 3. 

By Senator Soles for the Commerce Committee: 



February 24, 1999 



SENATE JOURNAL [Session 

S.B. 59, A BILL TO BE ENTITLED AN ACT TO AMEND THE PHARMACY 
PRACTICE ACT TO DEFINE THE TERM MOBILE PHARMACY AND TO ALLOW 
SUCH A PHARMACY TO REGISTER ANNUALLY WITH THE BOARD OF 
PHARMACY, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6533, which changes 
the title to read S.B. 59 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AMEND THE PHARMACY PRACTICE ACT TO PERMIT CERTAIN NONPROFIT 
CORPORATIONS TO OPERATE MOBILE PHARMACIES AND TO ALLOW SUCH 
PHARMACIES TO REGISTER ANNUALLY WITH THE BOARD OF PHARMACY, is 
adopted and engrossed. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Carpenter: 

S.B. 166, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
RENOVATE AND RESTORE THE FIRE-DAMAGED MACON COUNTY 
HISTORICAL MUSEUM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Soles: 

S.B. 167, A BILL TO BE ENTITLED AN ACT TO REENACT THE 1986 LAW 
PROVIDING FOR RISK-SHARING PLANS, TO AMEND THE IMMUNITY 
STATUTES FOR THE FAIR AND BEACH PLANS, AND TO MAKE A TECHNICAL 
AMENDMENT IN THE BEACH PLAN LAWS. 

Referred to Insurance Committee. 

By Senators Purcell and Plyler: 

S.R. 168, A SENATE RESOLUTION HONORING THE LIFE AND MEMORY OF 
NOAH GIBSON FOR WHOM THE TOWN OF GIBSON IS NAMED, ON THE 
TOWN'S ONE HUNDREDTH ANNIVERSARY. 

Referred to Rules and Operations of the Senate Committee. 

CALENDAR 

Bills and a resolution on today's Calendar are taken up and disposed of, as follows: 

S.B. 8 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
IMPLEMENT AN ACT TO AMEND THE CONSTITUTION TO LIMIT THE LENGTH 
OF LEGISLATIVE SESSIONS AND TO PROVIDE FOUR- YEAR TERMS FOR 
MEMBERS OF THE SENATE. 

Senator Hoyle offers Amendment No. 1 which is adopted (44-0). 

The Committee Substitute bill, as amended, passes its second (42-2) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 9 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO LIMIT 
THE LENGTH OF LEGISLATIVE SESSIONS AND TO PROVIDE FOUR- YEAR 
TERMS FOR MEMBERS OF THE SENATE. 

Senator Moore offers Amendment No. 1 which is adopted (44-0). 

February 24, 1999 



1 999] SENATE JOURNAL 1 09 

The Committee Substitute bill, as amended, passes its second reading by a three-fifths 
majority vote, ayes 42, noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Cooper, Dalton, East, Forrester, Garrou, Garwood, Gulley, 
Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, 
Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Phillips, Purcell, Rand, 
Robinson, Rucho, Shaw of Guilford, Soles, Warren, Weintstein, and Wellons — 42. 

Voting in the negative: Senators Foxx and Webster — 2. 

Having passed its second reading and receiving a three-fifths affirmative majority 
vote, the Committee Substitute bill, as amended, passes its third reading by roll call vote, 
ayes 41, noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Cooper, Dalton, East, Forrester, Garrou, Gulley, Hagan, 
Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, 
Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Phillips, Purcell, Rand, 
Robinson, Rucho, Shaw of Guilford, Soles, Warren, Weintstein, and Wellons — 41. 

Voting in the negative: Senators Foxx and Webster — 2. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the House 
of Representatives. 

S.B. 51 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW GOVERNING HIGHWAY SMALL PROJECT BIDDING. 

With unanimous consent, upon motion of Senator Ballance, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Monday, 
March 1. 

With unanimous consent, the President grants a leave of absence to Senator Shaw of 
Guilford for the remainder of today 's Session. 

S.J.R. 78, A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF THE 
APPOINTMENT OF HAL. D. LINGERFELT AS COMMISSIONER OF BANKS. 

With unanimous consent, the President grants a leave of absence to Senator Gulley for 
the remainder of today 's Session. 

The joint resolution passes its second (41-0) and third readings and is ordered sent to 
the House of Representatives. 

.■ 
COMMITTEE REFERRAL RECALL 

S.R. 168, A SENATE RESOLUTION HONORING THE LIFE AND MEMORY OF 
NOAH GIBSON FOR WHOM THE TOWN OF GIBSON IS NAMED, ON THE 
TOWN'S ONE HUNDREDTH ANNIVERSARY, referred to the Rules and Operations 
of the Senate Committee on February 24. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the resolution be withdrawn 
from the Rules and Operations of the Senate Committee and placed on the Calendar for 
Monday, March 1, which motion prevails with unanimous consent. 

The Chair orders the resolution withdrawn from the Rules and Operations of the 
Senate Committee and places it on the Calendar for Monday, March 1. 

Upon motion of Senator Basnight, seconded by Senator Albertson, the Senate adjourns 
at 5:02 P.M. to meet tomorrow, Thursday, February 25, at 12:00 Noon. 



February 24, 1999 



1 1 SENATE JOURNAL [Session 

EIGHTEENTH DAY 

Senate Chamber 
Thursday, February 25, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Former Senate Chaplain and Retired 
Minister, United Methodist Church, Raleigh, North Carolina, as follows: 

"Gracious God, from whom every good prayer comes, and who pours out on all who 
desire it, a spirit of gracious affection. 

"Hear now the prayer of each heart bowed before Thee. As the sugar hides itself in the 
tea, bringing forth full flavor, wilt Thou, Oh Lord, hide Thyself in me! Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Cochrane, Senator Dannelly, Senator Plyler, and Senator Shaw of Cumberland. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, February 24, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Sandra Jane 
Fearrington from Apex, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Ruth Miller from Greenville, North Carolina, who is serving the Senate as Nurse of 
the Day. 

Upon motion of Senator Cooper, the President extends the courtesies of the gallery to 
the following Officers of the North Carolina Troopers Association: Charles Lindquist, 
Randy Sales, Tim Amburn, and Tommy Blakeney. 

Upon motion of Senator Gulley and Senator Lucas, the President extends the 
courtesies of the gallery to Thomas McGee, Town Manager from Butner, North Carolina. 

The Senate recesses at 12:15 P.M. for the purpose of a Finance Committee meeting to 
reconvene at 12:20 P.M. 

RECESS 

The Senate meets pursuant to recess and is called to order by The Honorable Dennis 
A. Wicker, Lieutenant Governor. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Kerr for the Finance Committee: 

S.B. 43, A BILL TO BE ENTITLED AN ACT TO CONSOLIDATE THE TOWN OF 

February 25, 1999 



1 999] SENATE JOURNAL 1 1 1 

ALEXANDER MILLS INTO THE TOWN OF FOREST CITY, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6538 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Kerr, the rules are suspended and 
the Committee Substitute bill is placed on today's Calendar, upon second reading. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Warren, Carpenter, Clodfelter, Cooper, Dannelly, Hoyle, Martin of Pitt 
and Shaw of Cumberland: 

S.B. 169, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF THE SCIENCE AND TECHNOLOGY BUILDING AT 
EAST CAROLINA UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carpenter and Ballance: 

S.B. 170, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A LIMIT ON THE 
TIME A PERSON CAN BE IMPRISONED FOR CIVIL CONTEMPT AND TO RAISE 
THE STANDARD OF PROOF IN PROCEEDINGS FOR CIVIL CONTEMPT. 

Referred to Judiciary I Committee. 

By Senators Rand, Carpenter, Cooper, Kinnaird, Miller, Perdue and Soles: 

S.B. 171, A BILL TO BE ENTITLED AN ACT TO PROVIDE ADDITIONAL 

LONGEVITY FOR ASSISTANT DISTRICT ATTORNEYS AND ASSISTANT 

PUBLIC DEFENDERS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Rand, Carpenter, Carrington, Cooper, Hoyle, Kerr, Miller, Perdue and 
Reeves: 

S.B. 172, A BILL TO BE ENTITLED AN ACT TO MAKE THE POSSESSION OF 
BLUE LIGHTS ILLEGAL. 

Referred to Judiciary I Committee. 

By Senators Rand: 

S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE ISSUANCE OF 
CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC LANDMARK 
DISTRICTS. 

Referred to Judiciary I Committee. 

By Senators Phillips, Albertson, Allran, Ballance, Carpenter, Carter, Clodfelter, 
Cochrane, Cooper, Dalton, Dannelly, Forrester, Garrou, Garwood, Gulley, Hagan, Harris, 
Hartsell, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford,, Martin of Pitt, Metcalf, 
Miller, Odom, Purcell, Reeves, Robinson, Rucho, Shaw of Cumberland, Warren and 
Wellons: 

S.B. 174, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
RENOVATE THE BACK SHOP AT THE NORTH CAROLINA TRANSPORTATION 
MUSEUM AT HISTORIC SPENCER SHOPS. 

Referred to Appropriations/Base Budget Committee. 

February 25, 1999 



112 SENATE JOURNAL [Session 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 43 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CONSOLIDATE THE TOWN OF ALEXANDER MILLS INTO THE TOWN OF 
FOREST CITY, placed earlier on today's Calendar, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cooper, Dalton, East, Forrester, Foxx, Garrou, 
Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Phillips, 
Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Guilford, Soles, Warren, Webster, 
Weintstein, and Wellons — 46. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, March 1, 
upon third reading. 

S.B. 57 (Committee Substitute), A BILL TO BE ENTITLED AN ACT PROVIDING 
FOR LOSS OF DRIVERS LICENSE PRIVILEGES BY CERTAIN PERSONS UNDER 
THE AGE OF EIGHTEEN FOR COMMITTING DESIGNATED ACTS. 

Senator Cooper offers Amendment No. 1 which is adopted (45-0). 

The Committee Substitute bill, as amended, passes its second (45-0) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 59 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE PHARMACY PRACTICE ACT TO PERMIT CERTAIN NONPROFIT 
CORPORATIONS TO OPERATE MOBILE PHARMACIES AND TO ALLOW SUCH 
PHARMACIES TO REGISTER ANNUALLY WITH THE BOARD OF PHARMACY. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

Upon motion of Senator Basnight, seconded by Senator Gulley, the Senate adjourns at 
12:49 P.M. to meet Monday, March 1, at 8:00 P.M. 



NINETEENTH DAY 

Senate Chamber 
Monday, March 1, 1999 






The Senate meets pursuant to adjournment and is called to order by The Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by The Honorable Betsy Cochrane, Senator from Davie County, as 
follows: 

"Heavenly Father, we come humbly into Your presence, grateful for the freedom that 
allows us to pray openly and often. First and foremost, we thank You for the many 

March 1, 1999 



1 999] SENATE JOURNAL 1 1 3 

blessings provided to all of us in this Chamber, for the families we cherish, for the 
communities we serve, for the work that makes us productive citizens. We are each one 
grateful for this opportunity of public service. 

"We read in the Scriptures that we should be tolerant of one another and forgiving of 
each other. Please, Lord, strengthen our resolve to be more thoughtful of our peers and 
those who support our efforts. Most particularly, Father, forgive us when we fail to do so. 
Help us to think more on policy and less on politics, more on needs and less on 
expediency. 

"You have blessed us mightily, giving each talents to be used for Your purpose in this 
Body. 

"Almighty God, help us to know Your Will for our lives both here and at home, and 
give us wisdom and strength to fulfill our part of Your plan for this good earth. 

"In the Holy Name of the Father we pray. Amen." 

With unanimous consent, the President Pro Tempore grants leaves of absence for 
tonight to Senator Moore, Senator Rucho, Senator Webster, and Senator Weinstein. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of Thursday, 
February 25, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore of the Senate extends courtesies of the floor to 
Dr. Thomas Barker Dameron from Raleigh, North Carolina, who is serving the Senate as 
Doctor of the Day, and to Katheryn Jenifer from Fayetteville, North Carolina, who is 
serving the Senate as Nurse of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Hartsell: 

S.B. 175, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW RELATING 
TO THE APPOINTMENT OF SUCCESSOR TRUSTEES TO CONFORM TO THE 
RULES OF CIVIL PROCEDURE AND TO UPDATE STATUTORY LANGUAGE, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 176, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW RELATING 
TO THE FORFEITURE OF PROPERTY RIGHTS BY SLAYERS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senators Hartsell and Carpenter: 

S.B. 177, A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM 
TRANSFER ON DEATH (TOD) SECURITY REGISTRATION ACT AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 178, A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS THE NORTH 

March 1, 1999 



1 1 4 SENATE JOURNAL [Session 

CAROLINA UNIFORM PRUDENT INVESTOR ACT, AS RECOMMENDED BY THE 
GENERAL STATUTES COMMISSION. 
Referred to Judiciary I Committee. 

By Senator Warren: 

S.B. 179, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A NEW BUILDING AT BEAUFORT COUNTY 
COMMUNITY COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Hoyle and Forrester: 

S.B. 180, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CAPITAL AND OPERATIONAL COSTS OF ESTABLISHING THE MOUNTAIN 
ISLAND EDUCATIONAL STATE FOREST TO BE LOCATED IN LINCOLN AND 
GASTON COUNTIES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Hoyle: 

S.B. 181, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN OF 
DALLAS TO ENACT A PROPERTY MAINTENANCE ORDINANCE AND TO 
ASSESS CERTAIN COSTS OF ENFORCEMENT AS A LIEN AGAINST THE 
PROPERTY. 

Referred to Finance Committee. 

By Senators Perdue, Ballance, Ballantine, Carpenter, Carrington, Carter, Cooper, 
Dalton, Forrester, Foxx, Garrou, Hagan, Harris, Hartsell, Horton, Jordan, Kerr, Kinnaird, 
Lee, Lucas, Martin of Guilford, Martin of Pitt, Miller, Moore, Odom, Phillips, Purcell, 
Rand, Robinson, Rucho, Shaw of Guilford, Warren, Weinstein and Wellons: 

S.B. 182, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE DOMESTIC 
VIOLENCE COMMISSION AND TO APPROPRIATE FUNDS FOR THAT PURPOSE. 

Referred to Children & Human Resources Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

By Senators Perdue, Albertson, Ballance, Ballantine, Carpenter, Clodfelter, Cooper, 
Dannelly, Forrester, Foxx, Gulley, Hartsell, Jordan, Lee, Lucas, Martin of Guilford, 
Miller, Odom, Purcell, Rand, Reeves, Warren, Weinstein and Wellons: 

S.B. 183, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
DOMESTIC VIOLENCE PROGRAMS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Pitt and Warren: 

S.B. 184, A BILL TO BE ENTITLED AN ACT TO REDUCE THE PISTOL PERMIT 
FEE IN PITT COUNTY FROM TWENTY DOLLARS TO FIVE DOLLARS. 
Referred to State and Local Government Committee. 

By Senators Forrester, Allran, Ballantine, Carpenter, Carter, Cochrane, Foxx, 
Garwood, Gulley, Hoyle, Kinnaird, Martin of Pitt, Odom, Perdue, Purcell and Warren: 

S.B. 185, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CERTAIN PRESCRIPTION DRUGS FOR LOW-INCOME PERSONS OVER AGE 
SIXTY-FIVE AND NOT ELIGIBLE FOR MEDICAID. 

Referred to Appropriations/Base Budget Committee. 

March 1, 1999 



1 999] SENATE JOURNAL 1 1 5 

By Senators Rucho, Ballantine, Carpenter, Forrester, Foxx and Odom: 

S.B. 186, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES IN THE 

ELECTION LAWS DESIGNED TO PREVENT LONG LINES AT THE POLLS ON 

ELECTION DAY. 

Referred to Judiciary II Committee. 

By Senator Albertson: 

S.B. 187, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
WALLACE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 188, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMPLETE THE WANOCA OUTDOOR THEATER IN THE TOWN OF WALLACE. 
Referred to Appropriations/Base Budget Committee. 

By Senator Albertson: 

S.B. 189, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DUPLIN COUNTY CENTER FOR LEADERSHIP. 
Referred to Appropriations/Base Budget Committee. 

By Senators Miller and Reeves: 

S.B. 190, A BILL TO BE ENTITLED AN ACT TO RELOCATE THE NORTH 
CAROLINA GOVERNMENT COMPETITION COMMISSION FROM THE 
DEPARTMENT OF COMMERCE TO THE OFFICE OF STATE BUDGET AND 
MANAGEMENT. 

Referred to State and Local Government Committee. 

By Senator Reeves: 

S.B. 191, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE NORTH CAROLINA TECHNOLOGICAL DEVELOPMENT AUTHORITY, INC. 
Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 192, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE FILING 
WITH THE SECRETARY OF STATE OF ALL MEMORANDA OF 

UNDERSTANDING AND AGREEMENTS OF A NONCOMMERCIAL NATURE 
BETWEEN THE STATE OF NORTH CAROLINA AND FOREIGN GOVERNMENTS. 

Referred to Commerce Committee. 

By Senators Hartsell and Soles: 

S.B. 193, A BILL TO BE ENTITLED AN ACT TO AMEND THE PROFESSIONAL 
CORPORATION ACT TO PERMIT CERTAIN EMPLOYEE RETIREMENT PLANS 
TO HOLD SECURITIES AS A LICENSEE AND TO REVISE THE DEFINITION OF A 
FOREIGN PROFESSIONAL CORPORATION THAT MAY BE AUTHORIZED TO DO 
BUSINESS IN THIS STATE, AS RECOMMENDED BY THE GENERAL STATUTES 
COMMISSION. 

Referred to Judiciary I Committee. 

By Senators Rand, Ballance, Carrington, Carter, Clodfelter, Cooper, Dalton, East, 
Forrester, Garrou, Garwood, Gulley, Hagan, Harris, Horton, Hoyle, Kinnaird, Lucas, 

March 1, 1999 



1 1 6 SENATE JOURNAL [Session 

Metcalf, Odom, Perdue, Phillips, Purcell, Robinson and Weinstein: 

S.B. 194, A BILL TO BE ENTITLED AN ACT TO CREATE THE NURSE 
LICENSURE COMPACT. 

Referred to Health Care Committee. 

By Senators Warren, Carter, Clodfelter, Gulley, Martin of Guilford and Martin of Pitt: 
S.B. 195, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

THE DEPARTMENT OF CULTURAL RESOURCES TO SUPPORT THE NORTH 

CAROLINA ARTS COUNCIL. 

Referred to Appropriations/Base Budget Committee. 

By Senators Reeves and Miller: 

S.B. 196, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
PROVIDE FULL FUNDING FOR THE COMPREHENSIVE COMPENSATION 
SYSTEM FOR STATE EMPLOYEES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Cooper, Albertson, Carter, Clodfelter, Dalton, Garrou, Gulley, Hagan, 
Harris, Hoyle, Kinnaird, Lee, Lucas, Martin of Pitt, Metcalf, Miller, Odom, Perdue, 
Phillips, Purcell, Rand, Reeves, Weinstein and Wellons: 

S.B. 197, A BILL TO BE ENTITLED AN ACT TO MODIFY THE GENERAL 
STATUTES TO IMPLEMENT CERTAIN RECOMMENDATIONS OF THE 
GOVERNOR'S TASK FORCE ON DOMESTIC VIOLENCE. 

Referred to Judiciary I Committee. 

By Senators Carter, Albertson, Ballance, Clodfelter, Cooper, Dalton, Forrester, Foxx, 
Gulley, Hagan, Harris, Jordan, Kinnaird, Lee, Martin of Guilford, Metcalf, Perdue, Rand, 
Reeves, Robinson, Soles, Warren, Weinstein and Wellons: 

S.B. 198, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE ISSUANCE 
OF A NEW ADULT CARE HOME LICENSE TO AN APPLICANT WHO WAS THE 
LICENSEE OR ADMINISTRATOR OF AN ADULT CARE HOME THE LICENSE OF 
WHICH HAD BEEN REVOKED OR DOWNGRADED TO PROVISIONAL STATUS 
OR AGAINST WHICH A TYPE A PENALTY HAD BEEN ASSESSED. 

Referred to Health Care Committee. 

By Senator Odom: 

S.B. 199, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Odom: 

S.B. 200, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Odom: 

S.B. 201, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Odom: 

S.B. 202, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

March 1, 1999 



1 999] SENATE JOURNAL 1 1 7 

The President Pro Tempore grants a leave of absence for tonight to Senator 
Carrington. 

CALENDAR 

Bills and a resolution on tonight's Calendar are taken up and disposed of, as follows: 

S.B. 43 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CONSOLIDATE THE TOWN OF ALEXANDER MILLS INTO THE TOWN OF 
FOREST CITY, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, Garrou, 
Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Guilford, Martin of Pitt, Metcalf, Miller, Odom, Perdue, Phillips, Plyler, 
Purcell, Rand, Reeves, Robinson, Shaw of Cumberland, Shaw of Guilford, Soles, Warren, 
and Wellons — 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 51 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW GOVERNING HIGHWAY SMALL PROJECT BIDDING. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.R. 168, A SENATE RESOLUTION HONORING THE LIFE AND MEMORY OF 
NOAH GIBSON FOR WHOM THE TOWN OF GIBSON IS NAMED, ON THE 
TOWN'S ONE HUNDREDTH ANNIVERSARY. (See Appendix.) 

With unanimous consent, upon motion of Senator Plyler, the resolution is read in its 
entirety and upon his further motion, the remarks of Senator Purcell and Senator Plyler 
speaking to the resolution are spread upon the Journal, as follows: 

Senator Purcell: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate, I think all of my 
friends from Gibson have gone across to the House, but I want to say what I wanted to say 
anyway. I rise to ask you to support this Senate Resolution honoring a small town in 
Scotland County as they celebrate their one hundredth anniversary. Gibson is a small 
town in southwest Scotland County that was incorporated on February 28, 1899, just eight 
days after the formation of Scotland County. It has been said that when Gibson was first 
settled, the western border of Anson County was the Mississippi River. Whatever the 
truth may be, the early settlers in this community were Quakers but by 1800 most of them 
had left with the migration to Indiana and the northwest, and only the ones that stayed 
were those who married out of their faith. The Gibson-Scottish immigrants moved from 
Virginia and settled the area in the 1750's led by Noah Gibson, and Noah Gibson is the 
man for whom the town was named, was a very successful merchant and also a very 
ardent Methodist. Together with his brother, Thomas, who was a Methodist minister, they 
created a strong hold of Methodism in the midst of a very strong Presbyterian community, 
and the Methodist have remained very strong in Gibson ever since. Throughout its 
history, Gibson has largely been a farming community with cotton gins and the Z. B. Pate 
General Merchandise Store, and this store was once owned by Edmond Pate who was a 
former member of the North Carolina Senate. I thank you for your support of this 

March 1, 1999 



1 1 8 SENATE JOURNAL [Session 

resolution as we help the proud people of Gibson, population 563, celebrate their one 
hundredth anniversary." 

Senator Plyler: 

"Thank you Mr. President. Members of the Senate, I rise to speak briefly on the 
resolution. I am very familiar with Gibson. It's a mighty fine town with a lot of great 
people in it and, as Senator Purcell said, five hundred and something, five hundred and 
some people is a lot of people for a small town. And so I want you to know that I 
sincerely support this resolution honoring Noah Gibson and on the founding of the town 
on the 28 th day of February in 1899. Gibson is right on the South Carolina border and has 
a lot of agriculture there, and other businesses that make anyone proud to live in Gibson 
and in Scotland County. So Mr. President and members of the Senate, I urge that you vote 
for this resolution and we will greatly appreciate it." 

Upon motion of Senator Purcell, the Senate Resolution is adopted. 

The President Pro Tempore extends the courtesies of the gallery to Bill Pearson, 
Mayor; Council Members Madeline Peele, Sadie Odom, Dan Liles, and Archie L. 
Herring; Ken Haney, Town Manager; and other citizens of Gibson, North Carolina. 

SENATE PAGES 

The President Pro Tempore recognizes the following pages serving in the Senate this 
week: 

Brandon Thomas Barham, Wake Forest; Oscar Thomas Barham IV, Rolesville; Robert 
D. Basinger, China Grove; Amy Marie Bennett, Lansing; Jennifer A. Carter, Creswell; 
Steven Mark Edwards, Goldsboro; Joshua Parks Haney, Gastonia; Alexandra Jean Harper, 
Rougemont; Floyd Elbert Isenhour III, Landis; Katherine Kovach, Asheboro; Carrie 
Lethcoe, Fleetwood; William D. Price III, Monroe; Erin Ward Smith, Mt. Olive; and Ben 
York, Albemarle. 

PERSONAL PRIVILEGE 

Senator Metcalf rises to a point of personal privilege and offers remarks honoring 
former Speaker of the House, Representative Liston Ramsey. With unanimous consent, 
upon motion of Senator Cooper, the remarks of Senator Metcalf are spread upon the 
Journal, as follows: 

Senator Metcalf: 

"Thank you, Mr. President. Members of the Senate, I am ever mindful of the 
admonition of many of my colleagues here and friends that freshman Senators certainly 
have to exercise some caution and certainly a great deal of judgment before they rise to 
speak on this floor. I know the hour is late and the day has been long, but I would like to 
bring to your attention an event that happened in western North Carolina this weekend. It 
is very special and very significant to the people of western North Carolina. On Friday, 
the 26 th of February, the family and friends and certainly all of his constituents celebrated 
the 80 th birthday of former Speaker of the House, Liston Ramsey. Liston was first elected 
to the House in 1960 and, but for two years over the last thirty-eight, he has served rural 
Madison County with a great deal of dignity and a great deal of grace. We all know that 
over the years Liston has brought a great deal of power unto himself. But Liston was the 
kind of fellow, and he continues to be the kind of fellow who believes that you bring 

March 1, 1999 



1 999] SENATE JOURNAL 1 1 9 

power unto yourself so you can help your people. When we think of Liston Ramsey back 
home, we think of Western Carolina University, we think of UNC-A, Western North 
Carolina Agricultural Center, the Farmer's Market, the Arboretum, and so many, many 
others. I feel a certain closeness to Liston because my parents, too, were born in February, 
1919, at the head of Laurel in Madison County, so I know the life that he has lived and 
where he came from. Over the years, he has meant a great deal to me. As a boy, I guess 
you could say he was my political hero. As I got older he was a mentor to me and to so 
many other young men and women in the mountains. Tonight I am, I'm honored beyond 
measure that I am a colleague in this Body with him, and I'm honored beyond measure, in 
a great deal of humility, that I am his State Senator. I would hope that over the next two 
or three days that should you see Liston, that you will certainly wish him a happy birthday, 
thank him for his forty years of service to the people of western North Carolina, the people 
of North Carolina, and certainly to this Body. And you might also wish him another forty 
years. Thank you, Mr. President." 

ADDITIONAL SPONSOR 

Senator Foxx requests to be added as a sponsor of previously introduced legislation: 

S.B. 76, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DIVISION OF 
CRIMINAL STATISTICS TO COLLECT AND MAINTAIN STATISTICS ON 
TRAFFIC LAW ENFORCEMENT. 

Upon motion of Senator Ballance, seconded by Senator Plyler, the Senate adjourns at 
8:31 P.M. to meet tomorrow, Tuesday, March 2, at 4:00 P.M. 



TWENTIETH DAY 

Senate Chamber 
Tuesday, March 2, 1999 






The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Right Reverend J. Gary Gloster, Bishop Suffragan, Episcopal 
Diocese, Raleigh, North Carolina, as follows: 

"Oh God of street people and addicts as well as Senators and Bishops, smite us blind 
in our prejudgments to cultural, class, creedal and color differences that we may feel with 
deep empathy that all are created equal in Your sight. 

"Confer on us the gift of tongues that we may speak clearly on behalf of those who 
have no voice; plant in us a hunger for generosity that those who hunger for food might be 
fed; mold us into craftsmen who build a community so roomy and free that all can walk 
tall, dream loud and not be afraid. 

"Challenge us to remember that there is little we really need, save You Oh Lord, our 
brothers and sisters, and the present moment to love You and them. 

"We are Your servants and the servants of the people. Please grant all these our 
petitions. Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 

March 2, 1999 



120 SENATE JOURNAL [Session 

Ballantine, Senator Carrington, Senator Clodfelter, Senator Rucho, and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 1, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Avis Adriena Artis 
from Durham, North Carolina, who is serving the Senate as Doctor of the Day, and to Eric 
Johnson from Greenville, North Carolina, who is serving the Senate as Nurse of the Day. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I Committee: 

S.B. 25, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR ATTORNEY 
REPRESENTATION OF CHILDREN REPRESENTED BY GUARDIAN AD LITEM 
PROGRAM THROUGHOUT PROCEEDINGS OF THE CASE, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6544 is adopted and 
engrossed. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations/Base Budget Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message received in the Office of the Principal Clerk from the House of 
Representatives transmitting a bill is presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 31, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
SHELBY TO CONVEY CERTAIN DESCRIBED PROPERTY BY PRIVATE SALE TO 
THE COUNCIL ON THE AGING OF CLEVELAND COUNTY, NORTH CAROLINA, 
INC. 

Referred to State and Local Government Committee. 

Upon motion of Senator Ballance, seconded by Senator Dannelly, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Wednesday, March 3, at 4:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Perdue: 

S.B. 203, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE THIRD SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

March 2, 1999 



1 999] SENATE JOURNAL 1 2 1 

By Senator Perdue: 

S.B. 204, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL LAWS 
CONCERNING THE THIRD SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Robinson, Carter and Metcalf: 

S.B. 205, A BILL TO BE ENTITLED AN ACT TO PERMIT THE CITY OF 
BREVARD TO CONVEY CERTAIN PARCELS OF REAL PROPERTY TO PRIVATE 
LANDOWNERS IN EXCHANGE FOR PUBLIC RIGHTS-OF-WAY. 

Referred to State and Local Government Committee. 

By Senators Allran, Carrington, Forrester, Foxx, Moore, Rucho, Shaw of Guilford and 
Webster: 

S.B. 206, A BILL TO BE ENTITLED AN ACT TO ENSURE PUBLIC 
CONSIDERATION OF ITEMS CONTAINED IN APPROPRIATIONS ACTS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Kerr: 

S.B. 207, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ENDOW A CHAIR FOR THE STUDY OF ANOREXIA AND BULIMIA AT THE UNC 
MEDICAL SCHOOL. 

Referred to Appropriations/Base Budget Committee. 

By Senators Kerr, Cochrane, Dalton, Hartsell, Hoyle and Rand: 
S.B. 208, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR PERIODIC 
REVIEW AND RENEWAL OF STATE TAX CREDITS. 
Referred to Finance Committee. 

By Senator Cochrane: 

S.B. 209, A BILL TO BE ENTITLED AN ACT RELATING TO THE 38TH 
SENATE DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hartsell: 

S.B. 210, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT A NOTICE OF 
FORECLOSURE HEARING INCLUDE ADDITIONAL INFORMATION, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senators Rand, Allran, Ballance, Carpenter, Carter, Cochrane, Cooper, Dalton, 
East, Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Miller, Moore, Odom, 
Perdue, Phillips, Robinson, Shaw of Cumberland, Shaw of Guilford and Wellons: 

S.B. 211, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES TO SUPPORT THE NORTH 
CAROLINA ARTS COUNCIL. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 212, A BILL TO BE ENTITLED AN ACT TO AMEND CERTAIN STATUTES 
REGARDING THE NORTH CAROLINA BOARD OF MORTUARY SCIENCE 

March 2, 1999 



122 SENATE JOURNAL [Session 

AND MUTUAL BURIAL ASSOCIATIONS. 
Referred to Commerce Committee. 

By Senators Martin of Guilford, Cochrane, Dannelly, Forrester, Lucas and Purcell: 
S.B. 213, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

SUPPORT THE INVESTIGATIONS OF SUDDEN UNEXPECTED DEATHS OF 

INFANTS AND YOUNG CHILDREN. 

Referred to Appropriations/Base Budget Committee. 

By Senators Phillips, Dalton, Garwood, Jordan, Kinnaird, Lee, Lucas, Miller, Purcell, 
Rand, Reeves and Wellons: 

S.B. 214, A BILL TO BE ENTITLED AN ACT TO PROVIDE A MEANS OF 
MEASURING AVERAGE FINAL COMPENSATION FOR MEMBERS OF THE 
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE 
LOCAL GOVERNMENTAL RETIREMENT SYSTEM WHO PURCHASE 
CREDITABLE SERVICE FOR LEAVES OF ABSENCE INCURRED WHILE 
RECEIVING WORKERS' COMPENSATION PAYMENTS. 

Referred to Pensions & Retirement and Aging Committee. 

By Senator Dalton: 

S.B. 215, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF CLEVELAND COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Dalton: 

S.B. 216, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF RUTHERFORD COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Dalton: 

S.B. 217, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF CLEVELAND COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Dalton: 

S.B. 218, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF RUTHERFORD COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

Pursuant to Senator Ballance's motion to adjourn having prevailed, the Senate 
adjourns at 4:19 P.M. 



TWENTY-FIRST DAY 

Senate Chamber 
Wednesday, March 3, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

March 3, 1999 



1 999] SENATE JOURNAL 1 23 

Prayer is offered by The Reverend Steven King, Pastor, Glad Tidings Church, Dunn, 
North Carolina, as follows: 

"Father, we come to You in the wonderful name of Jesus. Today, Lord, we want to 
thank You for the incredible opportunity for us to come to You to ask that You put Your 
hand upon this Body, Father, that You touch each one, Lord, that You would give them 
wisdom, that things that are in front of them, the bills that are to be passed, the things that 
they are looking at, Father, that will direct the course of North Carolina. I thank You that 
you will give them not only wisdom but understanding. Father, let them have a heart after 
You that whatever happens will be done to bring glory and honor to Your Name, and that 
it would bring strength to the State of North Carolina. Thank You, Lord, for this, in Jesus' 
Name. Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Clodfelter and Senator Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 2, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Suzanne Moore from 
Chapel Hill, North Carolina, who is serving the Senate as Nurse of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 108, AN ACT TO PERMIT THE STATE TO PROVIDE SCHOOL AND 
ACTIVITY BUSES FOR THE TRANSPORTATION NEEDS OF THE SPECIAL 
OLYMPICS. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Purcell for the Health Care Committee: 

S.B. 90, A BILL TO BE ENTITLED AN ACT TO ENSURE THAT INSURERS 
THAT PROVIDE HEALTH INSURANCE COVERAGE FOR PRESCRIPTION DRUGS 
PROVIDE COVERAGE FOR PRESCRIBED CONTRACEPTIVE DRUGS AND 
DEVICES AND FOR OUTPATIENT CONTRACEPTIVE SERVICES, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 8541, which changes 
the title to read S.B. 90 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO ENSURE THAT INSURERS THAT PROVIDE HEALTH INSURANCE 
COVERAGE FOR PRESCRIPTION DRUGS OR OUTPATIENT SERVICES PROVIDE 
COVERAGE FOR PRESCRIBED CONTRACEPTIVE DRUGS AND DEVICES OR 
OUTPATIENT CONTRACEPTIVE SERVICES, is adopted and engrossed. 

March 3, 1999 



124 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Soles: 

S.B. 219, A BILL TO BE ENTITLED AN ACT TO REVISE AND CONSOLIDATE 
THE CHARTERS OF THE TOWN OF YAUPON BEACH AND THE TOWN OF LONG 
BEACH AND ESTABLISH A CHARTER FOR THE CONSOLIDATED TOWN OF 
OAK ISLAND. 

Referred to Finance Committee. 

By Senator Shaw of Guilford: 

S.B. 220, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MAXIMUM 
NUMBER OF PERMITTED SUPERVISING DRIVERS UNDER THE GRADUATED 
DRIVERS LICENSE PROGRAM. 

Referred to Judiciary II Committee. 

EXECUTIVE ORDER 

An Executive Order received in the Office of the Senate Principal Clerk is presented to 
the Senate and read as follows: 

Executive Order Number 145, Governor's Commission on Domestic Violence. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 128 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW CONCERNING INTEREST ON MONEY JUDGMENTS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

With unanimous consent, upon motion of Senator Hartsell, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Wednesday, 
March 10. 

REMOVAL OF BILL SPONSOR 

Senator Carpenter requests by letter to the Principal Clerk that his name be removed as 
a sponsor on S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE 
ISSUANCE OF CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC 
LANDMARK DISTRICTS. 

Upon motion of Senator Basnight, seconded by Senator Lucas, the Senate adjourns at 
4:15 P.M. to meet tomorrow, Thursday, March 4, at 1 1 :00 A.M. 



March 3, 1999 



1 999] SENATE JOURNAL 1 25 

TWENTY-SECOND DAY 

Senate Chamber 
Thursday, March 4, 1999 
• 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"All sufficient God, we begin our Session by gathering in this grand Chamber, a place 
of beauty, privilege and power. And yet we are afflicted by the knowledge that many 
whom we serve do not know such a comfortable advantage. We are assured that this 
disparity has not gone unnoticed in Your sight. How shall we reconcile so great a divide? 

"Enlarge our hearts, quicken our consciences, and unbind our reluctant hands that we 
might use the privilege we hold to be builders of a better world, one where Your blessings 
are shared rather than hoarded, and power is exercised with our constituents and 
colleagues and not over them. We make our prayer in Your Holy Name. Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Gulley and Senator Horton. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 3, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Anthony Joseph 
Kummer from Winston-Salem, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Nancy Short from Durham, North Carolina, who is serving the Senate as 
Nurse of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Miller for the Judiciary II Committee: 

S.B. 76, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DIVISION OF 
CRIMINAL STATISTICS TO COLLECT AND MAINTAIN STATISTICS ON 
TRAFFIC LAW ENFORCEMENT, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

Pursuant to Rule 45.1 the proposed Committee Substitute bill 6543 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Miller, the Committee Substitute 
bill is placed on the Calendar for Tuesday, March 9. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 90 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ENSURE 

March 4, 1999 



126 SENATE JOURNAL [Session 

THAT INSURERS THAT PROVIDE HEALTH INSURANCE COVERAGE FOR 
PRESCRIPTION DRUGS OR OUTPATIENT SERVICES PROVIDE COVERAGE FOR 
PRESCRIBED CONTRACEPTIVE DRUGS AND DEVICES OR OUTPATIENT 
CONTRACEPTIVE SERVICES, upon second reading. 

The Committee Substitute bill passes its second (44-4) and third readings and is 
ordered sent to the House of Representatives. 

REPORTS OF COMMITTEES (Continued) 

By Senator Cooper for the Judiciary I Committee: 

S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE ISSUANCE OF 
CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC LANDMARK 
DISTRICTS, with a favorable report. 

With unanimous consent, upon motion of Senator Cooper, the bill is placed on the 
Calendar for Tuesday, March 9. 

Upon motion of Senator Basnight, seconded by Senator Forrester, the Senate adjourns 
subject to introduction of bills, to meet Monday, March 8, at 7:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Robinson: 

S.B. 221, A BILL TO BE ENTITLED AN ACT TO ALLOW RESIDENTIAL 
TELEPHONE SUBSCRIBERS TO BE PLACED ON A LIST OF PERSONS WHO 
OBJECT TO TELEPHONE SOLICITATIONS AND TO PROHIBIT TELEPHONE 
SOLICITORS FROM MAKING CALLS TO PERSONS ON THAT LIST. 

Referred to Information Technology Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Reeves: 

S.B. 222, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR STATE AND 
LOCAL GOVERNMENTS TO ACCEPT CREDIT CARDS AND DEBIT CARDS FOR 
PAYMENT OF GOVERNMENT FEES, COSTS, AND DEBTS. 

Referred to Finance Committee. 

By Senators Martin of Pitt and Reeves: 

S.B. 223, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM PROPERTY 
TAX MOTOR VEHICLES OWNED BY TOTALLY DISABLED VETERANS AND TO 
REIMBURSE LOCAL GOVERNMENTS FOR THE RESULTING REVENUE LOSS. 

Referred to Finance Committee. 

By Senator Ballance: 

S.B. 224, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
HARRIET'S HOUSE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Dalton, Hagan, Lee, Lucas, Shaw of Cumberland and Wellons: 

S.B. 225, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 

March 4, 1999 



1 999] SENATE JOURNAL 1 27 

REGARDING CERTIFICATION OF ASSISTANT PRINCIPALS. 
Referred to Education/Higher Education Committee. 

By Senators Warren, Martin of Guilford and Phillips: 

S.B. 226, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE EASTERN AREA HEALTH EDUCATION CENTER TO EQUIP ITS VIDEO 
CONFERENCE CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senators Warren, Martin of Guilford and Phillips: 

S.B. 227, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES FOR A NEW BLACKBEARD 
HISTORICAL MUSEUM IN THE TOWN OF BATH. 

Referred to Appropriations/Base Budget Committee. 

By Senators Warren, Martin of Guilford and Phillips: 

S.B. 228, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CONSTRUCTION OF THE INDUSTRIAL CONSTRUCTION BUILDING AT PITT 
COMMUNITY COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Plyler: 

S.B. 229, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Plyler: 

S.B. 230, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Plyler: 

S.B. 231, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Martin of Guilford, Cochrane, Phillips, Purcell and Warren: 
S.B. 232, A BILL TO BE ENTITLED AN ACT TO ENACT THE "BO THOMAS 
CHILD BICYCLE SAFETY ACT" TO REQUIRE THE USE OF CERTAIN SAFETY 
EQUIPMENT BY CHILDREN WHEN THEY ARE BICYCLE OPERATORS AND 
PASSENGERS. 

Referred to Judiciary II Committee. 

By Senator Shaw of Cumberland: 

S.B. 233, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DEPARTMENT 
OF TRANSPORTATION TO CARRY OVER ANY UNSPENT TRANSPORTATION 
IMPROVEMENT PROGRAM EQUITY REGION ALLOCATION TO THE NEXT 
YEAR AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO 
DEMONSTRATE COMPLIANCE WITH THE HIGHWAY TRUST FUND EQUITY 
REGION FORMULA BY SUBMITTING YEARLY REPORTS DOCUMENTING 
SPENDING BY EQUITY REGION. 

Referred to Transportation Committee. 

By Senators Garrou, Bal lance, Carter, Cochrane, Cooper, Dal ton, Forrester, Foxx, 
Gulley, Harris, Hartsell, Jordan, Kinnaird, Lee, Lucas, Metcalf, Miller, Perdue, Phillips, 

March 4, 1999 



128 SENATE JOURNAL [Session 

Purcell, Rand, Reeves, Robinson and Wellons: 

S.B. 234, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET FROM 
AN ACT TO ENCOURAGE THE PURCHASE OF COMMODITIES AND SERVICES 
OFFERED BY BLIND PERSONS AND BY SEVERELY DISABLED PERSONS. 

Referred to Children & Human Resources Committee. 

By Senators Hagan, Carter, Cooper, Dalton, Dannelly, Garrou, Gulley, Harris, 
Hartsell, Kinnaird, Lucas, Martin of Guilford, Metcalf, Miller, Moore, Perdue, Phillips, 
Robinson, Shaw of Cumberland, Shaw of Guilford and Wellons: 

S.B. 235, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION 
OF MOTOR VEHICLES TO ISSUE "KIDS FIRST" SPECIAL REGISTRATION 
PLATES. 

Referred to Finance Committee. 

By Senators Lucas, Moore, Allran, Ballance, Carter, Dalton, Dannelly, East, Foxx, 
Garrou, Garwood, Hartsell, Jordan, Lee, Martin of Guilford, Phillips, Plyler, Purcell, 
Reeves, Robinson, Shaw of Cumberland, Shaw of Guilford, Soles, Warren and Wellons: 

S.B. 236, A BILL TO BE ENTITLED AN ACT TO AMEND THE ADOPTION 
LAWS PERTAINING TO ACCESS TO ADOPTION RECORDS AND TO ESTABLISH 
AN ADOPTION REGISTRY. 

Referred to Judiciary I Committee. 

By Senators Metcalf and Carter: 

S.B. 237, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO 
PROVIDE BASE FUNDING FOR THE COLBURN GEM AND MINERAL MUSEUM 
IN THE CITY OF ASHEVILLE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf, Carter, Rand, Robinson and Shaw of Cumberland: 
S.B. 238, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES FOR THE REHABILITATION 
OF THE THOMAS WOLFE MEMORIAL STATE HISTORIC SITE. 
Referred to Appropriations/Base Budget Committee. 

By Senators Rand, Carter, Cooper, East, Forrester, Garrou, Hartsell, Hoyle, Kerr, 
Metcalf, Perdue, Phillips, Plyler, Robinson, Soles and Warren: 

S.B. 239, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT 
UNEXPENDED FUNDS DEDICATED TO A CERTAIN DISTRIBUTION REGION 
PURSUANT TO G.S. 136-17.2A SHALL BE USED FOR PROJECTS IN THAT 
DISTRIBUTION REGION OR MAY BE USED FOR LOANS TO OTHER 
DISTRIBUTION REGIONS. 

Referred to Transportation Committee. 

By Senator Rand: 

S.B. 240, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH A BOTANICAL LABORATORY FOR FAYETTEVILLE TECHNICAL 
COMMUNITY COLLEGE'S HORTICULTURE TECHNOLOGY PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Phillips, Ballance, Cooper, Gulley, Hagan, Lee, Martin of Guilford, 
March 4, 1999 



1 999] SENATE JOURNAL 1 29 

Metcalf, Perdue, Purcell, Rand and Warren: 

S.B. 241, A BILL TO BE ENTITLED AN ACT TO MAKE CORRECTIONS TO 
THE GENERAL STATUTES REGARDING CHILD CARE AND TO REPEAL 
CERTAIN OTHER LAWS PERTAINING TO CHILD CARE PROGRAM 
STANDARDS. 

Referred to Children & Human Resources Committee. 

By Senators Phillips, Ballance, Cooper, Gulley, Hagan, Jordan, Lee, Martin of 
Guilford, Metcalf, Miller, Perdue, Rand, Warren and Wellons: 

S.B. 242, A BILL TO BE ENTITLED AN ACT TO PROVIDE COST-OF-LIVING 
INCREASES FOR MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' 
RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT 
SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND THE LOCAL 
GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM. 

Referred to Pensions & Retirement and Aging Committee. 

By Senator Shaw of Guilford: 

S.B. 243, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
ESTABLISHMENT OF CAMPUS LAW ENFORCEMENT AGENCIES AT 
CONSTITUENT INSTITUTIONS OF THE NORTH CAROLINA COMMUNITY 
COLLEGE SYSTEM. 

Referred to Judiciary II Committee. 

By Senator Hartsell: 

S.B. 244, A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH 
CAROLINA UNCLAIMED PROPERTY ACT AND TO MAKE CONFORMING 
AMENDMENTS TO THE GENERAL STATUTES, AS RECOMMENDED BY THE 
GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 245, A BILL TO BE ENTITLED AN ACT TO ENACT REVISED ARTICLE 5 
OF THE UNIFORM COMMERCIAL CODE AND CONFORMING AND 
MISCELLANEOUS AMENDMENTS TO THE UNIFORM COMMERCIAL CODE, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Hartsell: 

S.B. 246, A BILL TO BE ENTITLED AN ACT TO CLARIFY AND REVISE THE 
PROCEDURES GOVERNING APPEALS OR TRANSFERS FROM CLERKS OF 
SUPERIOR COURT TO THE TRIAL COURTS AND TO MAKE CONFORMING AND 
CLARIFYING AMENDMENTS TO OTHER RELATED SECTIONS OF THE 
GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES 
COMMISSION. 

Referred to Judiciary I Committee. 

By Senators Lee and Wellons: 

S.B. 247, A BILL TO BE ENTITLED AN ACT TO ENCOURAGE PRESCRIBED 
BURNING FOR FORESTRY AND WILDLIFE PURPOSES UNDER CERTAIN 
CONDITIONS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

March 4, 1999 



130 SENATE JOURNAL [Session 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 1 1 :45 A.M. 



TWENTY-THIRD DAY 

Senate Chamber 
Monday, March 8, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Ever loving God, as we begin to face off on the prickly issues that confront us, there 
will be times when we would brandish our seniority or personal influence in order to win 
the day, or strike with a volley of stinging rhetoric. 

"Instead of these, dear Lord, let love triumph here, love for You and Your Word, love 
for our families and our peers, love of service to this great State and her people, love of 
justice, love even of those who oppose and antagonize us. 

"If a life of faith can teach us anything, let it be the conviction that love is the supreme 
power worth wielding. We pray in the Name of the One whose very nature was love, 
Amen." 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Ballantine, Senator Dalton, Senator Garwood, Senator Horton, Senator Lee, Senator 
Jordan, and Senator Reeves. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 4, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert Charles 
Cefalo from Chapel Hill, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Gale Adcock from Cary, North Carolina, who is serving the Senate as Nurse of 
the Day. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 37, A BILL TO BE ENTITLED AN ACT REQUIRING THE CONSENT OF 
LENOIR AND WAYNE COUNTIES BEFORE LAND IN THOSE COUNTIES MAY 
BE CONDEMNED OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT 
OUTSIDE THOSE COUNTIES. 

Referred to State and Local Government Committee. 

H.B. 68 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO PROVIDE 
March 8, 1999 



1 999] SENATE JOURNAL 1 3 1 

FOUR- YEAR TERMS FOR THE MAYOR AND ALDERMEN OF THE TOWN OF 
CHINA GROVE. 

Referred to State and Local Government Committee. 

H.B. 145 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE A SPECIAL ELECTION FOR A VACANCY ON THE EDGECOMBE 
COUNTY BOARD OF EDUCATION AND TO PROVIDE THAT FUTURE 
VACANCIES ON THE BOARD SHALL BE FILLED ONLY UNTIL THE 
NEXT REGULARLY SCHEDULED ELECTION FOR THE BOARD RATHER THAN 
FOR THE REMAINDER OF THE TERM. 

Referred to State and Local Government Committee. 

COMMITTEE REFERRAL RECALL 

S.B. 236, A BILL TO BE ENTITLED AN ACT TO AMEND THE ADOPTION 
LAWS PERTAINING TO ACCESS TO ADOPTION RECORDS AND TO ESTABLISH 
AN ADOPTION REGISTRY, referred to the Judiciary I Committee on March 4. 

Pursuant to Rule 47(a), Senator Cooper offers a motion that the bill be withdrawn from 
the Judiciary I Committee and re-referred to the Children & Human Resources 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Judiciary I Committee and re-refers the 
measure to the Children & Human Resources Committee. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Elizabeth Ann Baggett, Powells Point; Joseph Samuel Boyd, Raleigh; Ronda Csolak, 
Fuquay-Varina; Zachary N. Green, Raleigh; Justin Haywood, Raleigh; Jonas Jones, 
Mt. Olive; Billy Miles, Faison; Joseph Cousins Overby, Cary; Andrea Anita Phillips, 
LaGrange; Ryan Gaskins Roberson, Raleigh; Ashley Shasteen, Willow Springs; Jennifer 
Lynn Sullivan, Mt. Olive; Kelly Nicole White, Fuquay-Varina; and Heather Wray, Willow 
Springs. 

Upon motion of Senator Basnight, seconded by Senator Cochrane, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Tuesday, March 9, at 4:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Warren: 

S.B. 248, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE NORTH CAROLINA GEOGRAPHIC ALLIANCE. 
Referred to Appropriations/Base Budget Committee. 

By Senator Albertson: 

S.B. 249, A BILL TO BE ENTITLED AN ACT TO EXTEND THE MORATORIUM 
ON ISSUING SHELLFISH CULTIVATION LEASES IN CORE SOUND, TO 
REQUIRE THE DIVISION OF MARINE FISHERIES AND THE PRIMARY 
INVESTIGATOR TO REPORT THE RESULTS OF THE SHELLFISH MAPPING AND 

March 8, 1999 



132 SENATE JOURNAL [Session 

HUMAN USE MAPPING OF CORE SOUND TO THE JOINT LEGISLATIVE 
COMMISSION ON SEAFOOD AND AQUACULTURE AND THE MARINE 
FISHERIES COMMISSION, AND TO REQUIRE THE MARINE FISHERIES 
COMMISSION TO REVIEW THESE RESULTS AND REPORT ITS FINDINGS AND 
RECOMMENDATIONS TO THE JOINT LEGISLATIVE COMMISSION ON 
SEAFOOD AND AQUACULTURE, AS RECOMMENDED BY THE JOINT 
LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Ballantine, Albertson, Allran, Ballance, Carpenter, Carrington, Cochrane, 
East, Forrester, Foxx, Garrou, Garwood, Harris, Hartsell, Horton, Kerr, Kinnaird, Lucas, 
Martin of Pitt, Metcalf, Miller, Moore, Phillips, Purcell, Rucho, Shaw of Guilford, 
Webster, Weinstein and Wellons: 

S.B. 250, A BILL TO BE ENTITLED AN ACT TO MAKE PERMANENT THE 
PROHIBITION OF THE RELEASE OF CERTAIN PERSONAL INFORMATION BY 
THE DIVISION OF MOTOR VEHICLES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Horton, Albertson, Allran, Ballance, Carpenter, Carrington, Cochrane, 
East, Forrester, Garwood, Gulley, Hartsell, Hoyle, Kerr, Lucas, Moore, Soles and 
Weinstein: 

S.B. 251, A BILL TO BE ENTITLED AN ACT TO ALLOW THE HISTORIC 
REHABILITATION TAX CREDIT TO BE ALLOCATED BY A PASS-THROUGH 
ENTITY TO ITS OWNERS. 

Referred to Finance Committee. 

By Senators Horton, Allran, Ballantine, Carpenter, Carrington, Cochrane, East, 
Forrester, Garrou, Garwood, Hartsell, Hoyle, Lucas, Miller, Moore, Rucho and Weinstein: 

S.B. 252, A BILL TO BE ENTITLED AN ACT TO INCREASE THE CRIMINAL 
PENALTY IN CERTAIN CASES OF CHILD ABUSE. 

Referred to Judiciary II Committee. 

By Senators Gulley, Albertson, Ballance, Cochrane, Dannelly, Forrester, Harris, 
Horton, Hoyle, Kinnaird, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Perdue, 
Purcell, Reeves, Rucho, Soles and Warren: 

S.B. 253, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
DIVISION OF MOTOR VEHICLES SHALL RELEASE PERSONAL INFORMATION 
FOR BULK DISTRIBUTION OF SURVEYS, MARKETING, OR SOLICITATIONS 
ONLY WITH PRIOR WRITTEN APPROVAL OF THE INDIVIDUAL. 

Referred to Appropriations/Base Budget Committee. 

By Senator Gulley: 

S.B. 254, A BILL TO BE ENTITLED AN ACT TO MODIFY AND UPDATE THE 
OUTDOOR ADVERTISING CONTROL ACT. 
Referred to Commerce Committee. 

By Senators Albertson, Allran, Ballance, Carpenter, Carrington, Carter, Cochrane, 
Cooper, Dalton, Dannelly, East, Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, 
Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of 
Guilford, Metcalf, Miller, Perdue, Plyler, Purcell, Rand, Rucho, Shaw of Guilford, 

March 8, 1999 



1 999] SENATE JOURNAL 1 33 

Warren, Webster, Weinstein and Wellons: 

S.B. 255, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE STATE LAW 
REQUIRING STATE AGENCIES TO REDUCE THE NUMBER OF MENUS ON 
AUTOMATED PHONE SYSTEMS AND TO REQUIRE STATE AGENCIES TO 
REPORT ON THEIR COMPLIANCE WITH THAT LAW. 

Referred to Judiciary I Committee. 

By Senator Forrester: 

S.B. 256, A BILL TO BE ENTITLED AN ACT RELATING TO THE 39TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Forrester: 

S.B. 257, A BILL TO BE ENTITLED AN ACT RELATING TO THE 39TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 258, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ALLEGHANY COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 259, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ASHE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 260, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ROCKINGHAM COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 261, A BILL TO BE ENTITLED AN ACT RELATING TO THE 

GOVERNANCE OF ROCKINGHAM COUNTY. 

- 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 262, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF STOKES COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 263, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF SURRY COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Foxx: 

S.B. 264, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF WATAUGA COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

March 8, 1999 



134 SENATE JOURNAL [Session 

By Senators Rand and Shaw of Cumberland: 

S.B. 265, A BILL TO BE ENTITLED AN ACT TO CONTINUE THE OPERATION 
OF THE CUMBERLAND COUNTY JUVENILE ASSESSMENT CENTER PROJECT 
AND TO APPROPRIATE FUNDS FOR THAT PURPOSE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Hoyle: 

S.B. 266, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
REIMBURSEMENT OF ADDITIONAL EXPENSES OF THE COMMISSION ON THE 
FUTURE OF ELECTRIC SERVICE IN NORTH CAROLINA FROM THE UTILITIES 
COMMISSION AND PUBLIC STAFF FUND. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler, Odom, Perdue and Purcell: 

S.B. 267, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE INTENT OF 
THE GENERAL ASSEMBLY NOT TO REQUIRE A NON-STATE MATCH FOR 
CERTAIN FUNDS APPROPRIATED TO COMMUNITY COLLEGES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler, Odom, Perdue and Purcell: 

S.B. 268, A BILL TO BE ENTITLED AN ACT TO MAKE BASE BUDGET 
APPROPRIATIONS FOR CURRENT OPERATIONS OF STATE DEPARTMENTS, 
INSTITUTIONS, AND AGENCIES, AND FOR OTHER PURPOSES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom, Dannelly and Jordan: 

S.B. 269, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO MAKE ADDITIONAL VOLUNTARY SATELLITE 
ANNEXATIONS IF CERTAIN CRITERIA ARE MET. 

Referred to Finance Committee. 

By Senators Odom and Dannelly: 

S.B. 270, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO PROVIDE FOR VOLUNTARY ANNEXATION OF PROPERTY 
SUBJECT TO PRESENT-USE VALUE APPRAISAL. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 271, A BILL TO BE ENTITLED AN ACT TO ANNEX TO THE EXISTING 
CITY LIMITS OF THE TOWN OF HUNTERSVILLE CERTAIN AREAS 
SURROUNDED BY EXISTING CITY LIMITS OF THE TOWN OF HUNTERSVILLE. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 272, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE 
EVIDENCE OF A TRAFFIC VIOLATION. 

Referred to Judiciary I Committee. 

By Senators Odom, Carpenter, Perdue and Rucho: 

S.B. 273, A BILL TO BE ENTITLED AN ACT TO REQUIRE ALL FACILITIES 
AND PROVIDERS THAT DETECT, DIAGNOSE, OR TREAT CANCER PATIENTS 

March 8, 1999 



1999] SENATE JOURNAL 135 

TO REPORT CANCER CASES TO THE CANCER CONTROL REGISTRY. 
Referred to Health Care Committee. 

By Senators Odom, Albertson, Clodfelter, Dannelly, Garrou, Garwood, Hagan, Harris, 
Hartsell, Hoyle, Jordan, Lee, Lucas, Martin of Pitt, Martin of Guilford, Plyler, Purcell, 
Reeves, Robinson, Rucho, Warren, Weinstein and Wellons: 

S.B. 274, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE ADVISORY COMMITTEE ON CANCER COORDINATION AND CONTROL. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom, Carpenter, Carter, Clodfelter, Dannelly, Foxx, Garrou, Garwood, 
Hagan, Harris, Hartsell, Hoyle, Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of 
Guilford, Metcalf, Miller, Perdue, Phillips, Plyler, Purcell, Reeves, Robinson, Rucho, 
Warren, Weinstein and Wellons: 

S.B. 275, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA FOOD BANKS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom, Carter, Clodfelter, Dannelly, Garwood, Hagan, Harris, Hartsell, 
Hoyle, Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Metcalf, Miller, Perdue, Phillips, 
Plyler, Purcell, Rucho, Weinstein and Wellons: 

S.B. 276, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
GRASSROOTS SCIENCE MUSEUMS PROGRAM ADMINISTERED BY THE 
MUSEUM OF NATURAL SCIENCES TO IMPROVE STATE PROGRAMS IN 
SCIENCE AND ENVIRONMENTAL EDUCATION. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom, Albertson, Carter, Clodfelter, Dalton, Dannelly, Foxx, Garrou, 
Garwood, Hagan, Hartsell, Hoyle, Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of 
Guilford, Metcalf, Perdue, Phillips, Plyler, Purcell, Reeves, Warren, Weinstein and 
Wellons: 

S.B. 277, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA HUMANITIES COUNCIL. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom, Clodfelter, Dannelly and Rucho: 

S.B. 278, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A VISITORS CENTER AT THE HISTORIC LATTA 
PLACE IN MECKLENBURG COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom, Clodfelter, Dannelly and Rucho: 

S.B. 279, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH THE CHARLOTTE-MECKLENBURG FIRE MUSEUM. 
Referred to Appropriations/Base Budget Committee. 

By Senators Garrou, Carter, Cochrane, Garwood, Hagan, Horton, Hoyle, Jordan, Kerr, 
Lee, Lucas, Metcalf, Miller, Odom, Perdue, Phillips, Purcell and Rand: 

S.B. 280, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
RESTORATION AND RECONSTRUCTION OF HISTORIC ST. PHILIPS CHURCH 
AND CONSTRUCTION OF THE NORTH CAROLINA HERITAGE EDUCATION 

March 8, 1999 



136 SENATE JOURNAL [Session 

CENTER AT OLD SALEM. 

Referred to Appropriations/Base Budget Committee. 

By Senator East: 

S.B. 281, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ROCKINGHAM COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Garwood, Albertson, Allran, Ballantine, Carpenter, Cochrane, Dalton, 
East, Forrester, Foxx, Garrou, Hartsell, Moore, Plyler, Purcell, Webster and Weinstein: 

S.B. 282, A BILL TO BE ENTITLED AN ACT TO DIRECT THE JOINT 
LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO STUDY 
SUPPLEMENTAL FUNDS FOR PUBLIC SCHOOLS IN LOW- WEALTH COUNTIES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Shaw of Cumberland, Jordan and Lucas: 

S.B. 283, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT 
TECHNOLOGICAL IMPROVEMENTS IN THE WAY PURCHASING 
OPPORTUNITIES ARE ADVERTISED. 

Referred to Information Technology Committee. 

By Senators Shaw of Cumberland, Jordan and Lucas: 

S.B. 284, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE SECRETARY 
OF ADMINISTRATION TO SET BUSINESS SIZE STANDARDS AND APPLY THEM 
TO THE PROCUREMENT PROCEDURES TO PROMOTE INCREASED 
PROCUREMENTS FROM SMALL AND MEDIUM-SIZED BUSINESSES. 

Referred to Commerce Committee. 

By Senators Warren, Albertson, Clodfelter, Martin of Pitt and Martin of Guilford: 
S.B. 285, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION 

OF MOTOR VEHICLES TO ISSUE UNIVERSITY HEALTH SYSTEMS OF EASTERN 

CAROLINA SPECIAL REGISTRATION PLATES. 
Referred to Finance Committee. 

By Senators Reeves, Ballance, Cooper, Dannelly, Jordan, Kinnaird, Lucas, Martin of 
Guilford and Miller: 

S.B. 286, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION 
OF NORTH CAROLINA TO AUTHORIZE THE GENERAL ASSEMBLY TO ENACT 
LEGISLATION ALLOWING EACH COUNTY TO (I) INCREASE THE AMOUNT OF 
THE PROPERTY TAX HOMESTEAD EXEMPTION FOR LOW-INCOME ELDERLY 
AND DISABLED INDIVIDUALS IN THAT COUNTY AND (II) RAISE THE 
DEFINITION OF "LOW-INCOME" SO THAT MORE ELDERLY AND DISABLED 
INDIVIDUALS CAN QUALIFY FOR THE EXEMPTION. 

Referred to Finance Committee. 

By Senators Reeves and Miller: 

S.B. 287, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE 
ENFORCEMENT OF THE LAWS TO PREVENT LITTERING. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

March 8, 1999 



1999] SENATE JOURNAL 137 

By Senators Reeves and Martin of Guilford: 

S.B. 288, A BILL TO BE ENTITLED AN ACT TO EXTEND NORTH 
CAROLINA'S "LONG ARM JURISDICTION" STATUTE TO INCLUDE SENDERS 
OF UNSOLICITED ELECTRONIC BULK MAIL AND TO MAKE THE SENDING OF 
UNSOLICITED ELECTRONIC BULK MAIL UNLAWFUL IN THIS STATE. 

Referred to Judiciary I Committee. 

By Senators Plyler, Albertson, Allran, Basnight, Carpenter, Carrington, Cochrane, 
Cooper, Dannelly, Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, 
Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Guilford, Martin of Pitt, Metcalf, 
Miller, Moore, Odom, Perdue, Phillips, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Soles and Warren: 

S.B. 289, A BILL TO BE ENTITLED AN ACT TO NAME THE NORTH 
CAROLINA CHILDREN'S VISION SCREENING IMPROVEMENT PROGRAM IN 
HONOR OF KENNETH C. ROYALL, JR. 

Referred to Appropriations/Base Budget Committee. 

By Senators Miller, Gulley, Harris, Kinnaird, Lucas, Metcalf, Reeves, Shaw of 
Cumberland and Weinstein: 

S.B. 290, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOBBYING 
LAW. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Phillips, Albertson, Allran, Carter, Cochrane, Dalton, Hagan, Harris, 
Hartsell, Jordan, Lee, Lucas, Martin of Pitt, Martin of Guilford, Moore, Odom, Perdue, 
Purcell, Reeves and Weinstein: 

S.B. 291, A BILL TO BE ENTITLED AN ACT TO PROVIDE CRIMINAL 
PENALTIES FOR FRAUDULENT MISREPRESENTATION INVOLVING CHILD 
CARE SUBSIDIES AND TO PROVIDE COUNTIES A FINANCIAL INCENTIVE TO 
INVESTIGATE AND PURSUE FRAUD IN CHILD CARE PAYMENTS. 

Referred to Judiciary II Committee. 

By Senators Ballance, Carpenter, Carrington, Hoyle, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Pitt, Miller, Odom, Purcell, Reeves, Shaw of Cumberland, Warren, 
Weinstein and Wellons: 

S.B. 292, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT CRIMINAL 
CASES IN SUPERIOR COURT SHALL BE CALENDARED PURSUANT TO 
CRIMINAL CASE DOCKETING PLANS DEVELOPED FOR EACH DISTRICT. 

Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 293, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET FROM 
AN ACT PROVIDING FOR REIMBURSEMENT BY HEALTH INSURERS FOR 
SERVICES PROVIDED BY FEE-BASED PRACTICING PASTORAL COUNSELORS. 

Referred to Insurance Committee. 

By Senators Carter, Garrou, Hagan, Metcalf and Robinson: 

S.B. 294, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA FOR 
EXPANDED OPERATIONS AT THE NORTH CAROLINA ARBORETUM. 

Referred to Appropriations/Base Budget Committee. 

March 8, 1999 



138 SENATE JOURNAL [Session 

By Senators Carter, Garrou, Hagan, Metcalf and Robinson: 

S.B. 295, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA FOR 
A MAINTENANCE AND OPERATIONS FACILITY AT THE NORTH CAROLINA 
ARBORETUM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Dalton: 

S.B. 296, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROVISIONS 
REGARDING SUPPLEMENTAL RETIREMENT FUNDS FOR FIREMEN IN THE 
CHARTER OF THE TOWN OF FOREST CITY. 

Referred to Pensions & Retirement and Aging Committee. 

By Senators Clodfelter, Cooper, Hartsell, Kerr, Miller and Odom: 
S.B. 297, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND 
OTHER CHANGES REGARDING LIMITED PARTNERSHIPS AND THE NORTH 
CAROLINA REVISED UNIFORM LIMITED PARTNERSHIP ACT. 
Referred to Judiciary I Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 7:29 P.M. 



TWENTY-FOURTH DAY 

Senate Chamber 
Tuesday, March 9, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Lord God of all, You know the confusion we face in trying to make the numbers 
come out right on the budget negotiations and the committee votes. We are acutely aware 
that compromise is essential to the democratic process we work within, and yet we hear 
the words of the old Rolling Stones' song, 'You Can't Always Get What You Want.' 

"As we locate our positions on the legislation we draft here, remind us again that 
compromise is corrupt only when we abandon the principles of faith which You have 
taught us. If it is possible, teach us the art of always compromising towards You rather 
than away from You. In Your Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Dalton and Senator Lee. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 8, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Cynthia Anne 
Hampton from Henderson, North Carolina, who is serving the Senate as Doctor of the 

March 9, 1999 



1 999] SENATE JOURNAL 1 39 

Day, and to Melanie Bunn from Raleigh, North Carolina, who is serving the Senate as 
Nurse of the Day. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Carpenter: 

S.B. 298, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
INCORPORATION OF SAPPHIRE VALLEY. 

Referred to Rules and Operations of the Senate Committee. 



By Senator Hartsell: 

S.B. 299, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FORCE 
ACCOUNT LIMIT FOR CABARRUS COUNTY AND THE CITY OF CONCORD. 
Referred to State and Local Government Committee. 

By Senator Soles: 

S.B. 300, A BILL TO BE ENTITLED AN ACT REPEALING THE TOWN OF 
CALABASH'S LIMITATIONS ON THE HEIGHT OF BUILDINGS, EXTENDING THE 
TOWN'S EXTRATERRITORIAL JURISDICTION, INCREASING THE NUMBER OF 
TOWN COMMISSIONERS, AND STAGGERING THE COMMISSIONERS' TERMS. 

Referred to State and Local Government Committee. 

By Senator Ballance: 

S.B. 301, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES FOR HALIFAX COMMUNITY 
COLLEGE TO PURCHASE LAND. 

Referred to Appropriations/Base Budget Committee. 

By Senators Kinnaird and Harris: 

S.B. 302, A BILL TO BE ENTITLED AN ACT TO REGULATE HUNTING IN LEE 
COUNTY. 

Referred to State and Local Government Committee. 

By Senators Rand and Cooper: 

S.B. 303, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
MONITORING AND SUPERVISION OF PERSONS ON CONDITIONAL RELEASE 
FROM STATE PSYCHIATRIC HOSPITALS. 

Referred to Judiciary I Committee. 

By Senators Rand, Ballance, Clodfelter, Cooper, Kinnaird, Metcalf and Perdue: 

S.B. 304, A BILL TO BE ENTITLED AN ACT TO INCLUDE PUBLIC 

DEFENDERS AND THE APPELLATE DEFENDER AS MEMBERS OF THE 

CONSOLIDATED JUDICIAL RETIREMENT SYSTEM. 

Referred to Pensions & Retirement and Aging Committee, and upon a favorable 

report, re-referred to the Appropriations/Base Budget Committee. 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report which is 

March 9, 1999 



140 SENATE JOURNAL [Session 

ordered placed on file in the Legislative Library, as follows: 

The Office of the State Controller, along with the Office of the State Budget and 
Management and the North Carolina Department of Revenue, submit the State of North 
Carolina Summary of Financial Condition, dated January 31, 1999. 

Senator Basnight, President Pro Tempore of the Senate, extends the courtesies of the 
gallery to Colonel Richard Holden, Commander of the North Carolina Highway Patrol. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I Committee: 

S.B. 197, A BILL TO BE ENTITLED AN ACT TO MODIFY THE GENERAL 
STATUTES TO IMPLEMENT CERTAIN RECOMMENDATIONS OF THE 
GOVERNOR'S TASK FORCE ON DOMESTIC VIOLENCE, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 8546 is adopted and 
engrossed. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 76 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REQUIRE 
THE DIVISION OF CRIMINAL STATISTICS TO COLLECT AND MAINTAIN 
STATISTICS ON TRAFFIC LAW ENFORCEMENT. 

Senator East announces a pair: If Senator Gulley were present he would vote "aye", 
Senator East votes "no". 

The Committee Substitute bill passes its second (36-7) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE ISSUANCE OF 
CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC LANDMARK 
DISTRICTS. 

Senator Ballance offers Amendment No. 1 which is adopted (30-14), and changes the 
title to read S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE 
ISSUANCE OF CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC 
LANDMARK DISTRICTS AND TO INCREASE THE COVERAGE OF INTERSTATE 
INTERCHANGE ECONOMIC DEVELOPMENT ZONES. 

The bill, as amended, passes its second (31-14) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 289, A BILL TO BE ENTITLED AN ACT TO NAME THE NORTH 
CAROLINA CHILDREN'S VISION SCREENING IMPROVEMENT PROGRAM IN 
HONOR OF KENNETH C. ROYALL, JR., referred to the Appropriations/Base Budget 
Committee on March 8. 



March 9, 1 999 



1 999] SENATE JOURNAL 1 4 1 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Appropriations/Base Budget Committee and re-referred to the Rules and 
Operations of the Senate Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Appropriations/Base Budget 
Committee and re-refers the measure to the Rules and Operations of the Senate 
Committee. 

ADDITIONAL SPONSOR 

Senator Gulley requests to be added as a sponsor of previously introduced legislation: 

S.B. 276, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
GRASSROOTS SCIENCE MUSEUMS PROGRAM ADMINISTERED BY THE 
MUSEUM OF NATURAL SCIENCES TO IMPROVE STATE PROGRAMS IN 
SCIENCE AND ENVIRONMENTAL EDUCATION. 

Upon motion of Senator Basnight, seconded by Senator Soles, the Senate adjourns 
at 5:09 P.M. to meet tomorrow, Wednesday, March 10, at 4:00 P.M. 







TWENTY-FIFTH DAY 




Senate Chamber 
Wednesday, March 10, 1999 





The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of creation, the writer of Ecclesiastes tells us that it is Your gift to humanity that 
all persons should eat and drink and take pleasure in their work. When we are able to do 
what we love, when our work emerges from our desire to create, to connect and to 
contribute to the well being of others, then we can rejoice that our labor truly springs from 
deep within our souls. 

"Thank You, Oh Lord, for Your call in our lives which first brought us to this labor of 
love in the Senate. Where that memory has dimmed, renew our waning spirits and 
rekindle our zeal to serve so that we might rediscover the joy You have promised us. In 
Your Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Dalton, Senator Lee, Senator Perdue, Senator Plyler, and Senator Weinstein. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 9, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, for presentation to the 
Governor: 



March 10, 1999 



142 SENATE JOURNAL [Session 

S.B. 23, AN ACT TO CLARIFY THE LAW REGULATING MASS GATHERINGS. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

S.B. 108, AN ACT TO PERMIT THE STATE TO PROVIDE SCHOOL AND 
ACTIVITY BUSES FOR THE TRANSPORTATION NEEDS OF THE SPECIAL 
OLYMPICS. (Became law upon approval of the Governor, March 10, 1999 - S.L. 
1999-1.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Hoyle for the Finance Committee: 

S.B. 115, A BILL TO BE ENTITLED AN ACT TO EXTEND FOR ONE YEAR THE 
DEADLINE FOR MATCHING COMMUNITY COLLEGE BOND FUNDS, with a 
favorable report. 

S.B. 269, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO MAKE ADDITIONAL VOLUNTARY SATELLITE 
ANNEXATIONS IF CERTAIN CRITERIA ARE MET, with a favorable report. 

S.B. 270, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO PROVIDE FOR VOLUNTARY ANNEXATION OF PROPERTY 
SUBJECT TO PRESENT-USE VALUE APPRAISAL, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6559 is adopted and 
engrossed. 

By Senator Shaw of Cumberland for the Transportation Committee: 

S.B. 27, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROHIBITION 
AGAINST THE DEPARTMENT OF TRANSPORTATION USING BERMUDA GRASS 
ALONG CERTAIN ROADS, with a favorable report. 

S.B. 156, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 
THE AUTHORITY OF THE LAKE ROYALE COMMUNITY IN FRANKLIN AND 
NASH COUNTIES TO REGULATE THE OPERATION OF CERTAIN MOTOR 
VEHICLES AND TO ENHANCE THAT AUTHORITY, with a favorable report. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Albertson: 

S.B. 305, A BILL TO BE ENTITLED AN ACT RELATING TO THE 

March 10, 1999 



RELATING 


TO 


TI 


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1 999] SENATE JOURNAL 1 43 

GOVERNANCE OF DUPLIN COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 306, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF JONES COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 307, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF ONSLOW COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 308, A BILL TO BE ENTITLED AN ACT 
GOVERNANCE OF PENDER COUNTY. 

Referred to Rules and Operations of the Senate Committee 

By Senator Albertson: 

S.B. 309, A BILL TO BE ENTITLED AN ACT 
GOVERNANCE OF SAMPSON COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Miller: 

S.B. 310, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE TIME 
FOR GIVING NOTICE OF APPEAL IN CASES OF TERMINATION OF PARENTAL 
RIGHTS AND EMANCIPATION AND IN HEARINGS TO TRANSFER A JUVENILE 
TO SUPERIOR COURT SHALL BE TEN DAYS AFTER ENTRY OF THE ORDER 
RATHER THAN TEN DAYS AFTER THE DATE OF THE HEARING. 

Referred to Judiciary II Committee. 

By Senator Miller: 

S.B. 311, A BILL TO BE ENTITLED AN ACT TO MODIFY RULE 4 OF THE 
RULES OF CIVIL PROCEDURE TO EXTEND THE LENGTH OF THE LIFE OF A 
SUMMONS AND TO ABOLISH ENDORSEMENT AS A MEANS OF REVIVING A 
SUMMONS. 

Referred to Judiciary II Committee. 

RECONSIDERATION 

S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE ISSUANCE OF 
CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC LANDMARK 
DISTRICTS AND TO INCREASE THE COVERAGE OF INTERSTATE 
INTERCHANGE ECONOMIC DEVELOPMENT ZONES, as amended, ordered 
engrossed and ordered sent to the House of Representatives on March 9. 

Having voted with the majority, Senator Rand offers a motion that the vote by which 
the bill passed third reading be reconsidered, which motion prevails. The question before 
the Body becomes the passage of the measure upon third reading. 

The President orders, without objection, the bill temporarily displaced. 

The President extends the courtesies of the gallery to Nelson Bates, Chairman of the 
Macon County Commissioners. 

March 10, 1999 



144 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message received in the Office of the Principal Clerk from the House of 
Representatives transmitting a bill is presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 129, A BILL TO BE ENTITLED AN ACT TO PERMIT THE CITY OF 
BREVARD TO CONVEY CERTAIN PARCELS OF REAL PROPERTY TO PRIVATE 
LANDOWNERS IN EXCHANGE FOR PUBLIC RIGHTS-OF-WAY. 

Referred to State and Local Government Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 128 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW CONCERNING INTEREST ON MONEY JUDGMENTS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

With unanimous consent, upon motion of Senator Hartsell, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Tuesday, 
March 23. 

S.B. 197 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE GENERAL STATUTES TO IMPLEMENT CERTAIN RECOMMENDATIONS OF 
THE GOVERNOR'S TASK FORCE ON DOMESTIC VIOLENCE. 

Senator Cooper offers Amendment No. 1 which is adopted (44-0). 

The Committee Substitute bill, as amended, passes its second (44-0) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

COMMITTEE REFERRAL 

S.B. 287, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE 
ENFORCEMENT OF THE LAWS TO PREVENT LITTERING, ordered held in the 
Office of the Principal Clerk on March 8 pending referral to committee pursuant to 
Rule 43. 

The bill is withdrawn from the Office of the Principal Clerk and referred to the 
Agriculture/Environment/Natural Resources Committee. 

CALENDAR (Continued) 

S.B. 173, A BILL TO BE ENTITLED AN ACT TO ALLOW THE ISSUANCE OF 
CERTAIN ABC PERMITS IN DESIGNATED NATIONAL HISTORIC LANDMARK 
DISTRICTS AND TO INCREASE THE COVERAGE OF INTERSTATE 
INTERCHANGE ECONOMIC DEVELOPMENT ZONES, temporarily displaced earlier. 

Senator Ballance offers Amendment No. 2 which is adopted (30-13). 

The bill, as amended, passes its third reading (28-15) and is ordered engrossed and 
sent to the House of Representatives. 

Upon motion of Senator Basnight, seconded by Senator Wellons, the Senate adjourns 
at 4:50 P.M. to meet tomorrow, Thursday, March 1 1, at 1 1:00 A.M. 



March 10, 1999 



1 999] SENATE JOURNAL 1 45 

TWENTY-SIXTH DAY 

Senate Chamber 
Thursday, March 11, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of the journey, with an outstretched arm and a mighty hand, You led Your 
children out of Israel through their wandering, forty long years in the wilderness. We ask 
that You would be our vision and our guide as we attempt to make our way through these 
increasingly difficult negotiations. 

"Lead us through the blocked intersections, guide us out of blind alleys, and redirect 
our path when we encounter dead ends. For You alone are our destination and our 
deliverance. We make our prayer in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Dalton, Senator Kinnaird, Senator Lee, Senator Odom, and Senator Perdue. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 10, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Jeffrey Paul 
Wilkinson from Chapel Hill, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Janice McRorie from Charlotte, North Carolina, who is serving the Senate as 
Nurse of the Day. 

Upon motion of Senator Harris, the President extends the courtesies of the gallery to 
the Foundation School of Dunn, North Carolina; Dr. H. T. Spence, Vice-President of the 
Foundation's Bible College and Principal of the Foundation's Christian Academy; and 
Dr. Douglas Wilson, Dean of the School of Christian Education of the Foundation 's Bible 
College; and Faculty and Members of the Foundation 's Christian Academy. 

The President also extends the courtesies of the gallery to Dr. Marvin Joyner, 
President of Central Carolina Community College. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 



By Senator Hoyle for the Finance Committee: 






S.B. 271, A BILL TO BE ENTITLED AN ACT TO ANNEX TO THE EXISTING 
CITY LIMITS OF THE TOWN OF HUNTERSVILLE CERTAIN AREAS 
SURROUNDED BY EXISTING CITY LIMITS OF THE TOWN OF HUNTERSVILLE, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4569 is adopted and 
engrossed. 

March 11, 1999 



146 SENATE JOURNAL [Session 

With unanimous consent, upon motion of Senator Hoyle, the Committee Substitute bill 
is placed on the Calendar for Tuesday, March 16. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 269, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO MAKE ADDITIONAL VOLUNTARY SATELLITE 
ANNEXATIONS IF CERTAIN CRITERIA ARE MET. 

With unanimous consent, upon motion of Senator Hoyle, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Tuesday, March 16, upon second 
reading. 

S.B. 270 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE TOWN OF HUNTERSVILLE TO PROVIDE FOR VOLUNTARY 
ANNEXATION OF PROPERTY SUBJECT TO PRESENT-USE VALUE APPRAISAL. 

With unanimous consent, upon motion of Senator Hoyle, the Committee Substitute bill 
is withdrawn from today's Calendar and is placed on the Calendar for Tuesday, March 16, 
upon second reading. 

The President extends the courtesies of the gallery to Dr. Donald L. Re ic hard, 
President of Johnston Community College. 

REPORTS OF COMMITTEES (Continued) 

By Senator Rand for the Rules and Operations of the Senate Committee: 

S.B. 289, A BILL TO BE ENTITLED AN ACT TO NAME THE NORTH 
CAROLINA CHILDREN'S VISION SCREENING IMPROVEMENT PROGRAM IN 
HONOR OF KENNETH C. ROYALL, JR, with a favorable report. 

The President extends the courtesies of the gallery to United States Marshal Rebecca 
Wallace from Montgomery County. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 112 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ENACT 
THE UNIFORM TRANSFER ON DEATH (TOD) SECURITY REGISTRATION ACT 
AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Commerce Committee. 

■ 

H.B. 255, A BILL TO BE ENTITLED AN ACT TO AMEND THE STATUTES 
INVOLVING VOCATIONAL REHABILITATION IN ORDER TO COMPLY WITH 
FEDERAL LAW. 

Referred to Children & Human Resources Committee. 

March 11, 1999 



1 999] SENATE JOURNAL 1 47 

CALENDAR (Continued) 

S.B. 115, A BILL TO BE ENTITLED AN ACT TO EXTEND FOR ONE YEAR THE 
DEADLINE FOR MATCHING COMMUNITY COLLEGE BOND FUNDS. 

With unanimous consent, upon motion of Senator Garwood, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Tuesday, March 16. 

S.B. 156, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 
THE AUTHORITY OF THE LAKE ROYALE COMMUNITY IN FRANKLIN AND 
NASH COUNTIES TO REGULATE THE OPERATION OF CERTAIN MOTOR 
VEHICLES AND TO ENHANCE THAT AUTHORITY. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 27, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROHIBITION 
AGAINST THE DEPARTMENT OF TRANSPORTATION USING BERMUDA GRASS 
ALONG CERTAIN ROADS. 

The bill passes its second (44-0) and third readings and is ordered sent to the House of 
Representatives. 






ENROLLED BILL 



The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 26, AN ACT TO REPEAL THE PROHIBITION ON REIMBURSEMENT FOR 
SERVICES PROVIDED BY SCHOOL-BASED HEALTH CLINICS UNDER THE 
CHILDREN'S HEALTH INSURANCE PROGRAM. 

ADDITIONAL SPONSOR 

Senator Foxx requests to be added as a sponsor of previously introduced legislation: 

S.B. 115, A BILL TO BE ENTITLED AN ACT TO EXTEND FOR ONE YEAR THE 
DEADLINE FOR MATCHING COMMUNITY COLLEGE BOND FUNDS. 

Upon motion of Senator Basnight, seconded by Senator Ballance, the Senate adjourns 
subject to introduction of bills, to meet Monday, March 15, at 7:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Reeves: 

S.B. 312, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
INFORMATION TECHNOLOGY PORTFOLIO MANAGEMENT ACT. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Clodfelter: 

S.B. 313, A BILL TO BE ENTITLED AN ACT TO ALLOW MECKLENBURG 
COUNTY TO CONTINUE TO LEVY STORMWATER FEES IF REVENUE BONDS 

March 11, 1999 



148 SENATE JOURNAL [Session 

HAVE BEEN ISSUED AND ARE OUTSTANDING. 
Referred to Finance Committee. 

By Senators Plyler and Purcell: 

S.B. 314, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF MINERAL SPRINGS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Albertson, Clodfelter, Dannelly, Harris, Hoyle, Kinnaird, Phillips, Purcell 
and Weinstein: 

S.B. 315, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CENTER FOR ENVIRONMENTAL FARMING SYSTEMS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Dannelly, Harris, Hoyle, Phillips, Purcell and 
Weinstein: 

S.B. 316, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
STRUCTURAL PEST PROGRAM IMPROVEMENTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Dannelly, Harris, Hoyle, Phillips, Purcell and 
Weinstein: 

S.B. 317, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
GYPSY MOTH PROGRAM SUPPORT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Dannelly, Harris, Hoyle, Phillips, Purcell and 
Weinstein: 

S.B. 318, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
INFORMATION TECHNOLOGY IMPROVEMENTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Dannelly, Harris, Hoyle, Kinnaird, Phillips, Purcell 
and Weinstein: 

S.B. 319, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
PESTICIDE DISPOSAL ASSISTANCE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Dannelly, Harris, Hoyle, Phillips, Purcell and 
Weinstein: 

S.B. 320, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
LP GAS INSPECTION. 

Referred to Appropriations/Base Budget Committee. 

By Senators Gulley and Lucas: 

S.B. 321, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE CENTER FOR DOCUMENTARY STUDIES TO EXHIBIT HIGHLIGHTS OF 
THE ANNUAL DOUBLETAKE FILM FESTIVAL ACROSS NORTH CAROLINA. 

Referred to Appropriations/Base Budget Committee. 

By Senators Gulley and Lucas: 

S.B. 322, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

March 11, 1999 



1 999] SENATE JOURNAL 1 49 

THE NORTH CAROLINA MUSEUM OF LIFE AND SCIENCE FOR BIOQUEST. 
Referred to Appropriations/Base Budget Committee. 

By Senator Kerr: 

S.B. 323, A BILL TO BE ENTITLED AN ACT TO EXTEND WATERFOWL 
HUNTING PRIVILEGES TO HOLDERS OF COMPREHENSIVE HUNTING 
LICENSES, TO INCREASE THE FEE CHARGED FOR MIGRATORY WATERFOWL 
LICENSES, AND TO INCREASE THE APPLICATION FEE FOR MANAGED HUNTS 
FOR MIGRATORY WATERFOWL AND REQUIRE APPLICANTS TO FURNISH 
SATISFACTORY PROOF OF POSSESSION OF THE NECESSARY HUNTING 
LICENSE. 

Referred to Agriculture/Environment/Natural Resources Committee and upon a 
favorable report, re-referred to the Finance Committee. 

By Senators Kerr, Albertson, Hoyle, Martin of Pitt and Perdue: 

S.B. 324, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ENHANCE THE CHRISTMAS TREE INDUSTRY IN NORTH CAROLINA. 
Referred to Appropriations/Base Budget Committee. 

By Senators Hoyle, Albertson, Forrester, Plyler and Purcell: 

S.B. 325, A BILL TO BE ENTITLED AN ACT TO MAKE CORRECTIONS AND 
CONFORMING CHANGES RELATING TO TAXATION OF CONTINUING CARE 
RETIREMENT HOMES. 

Referred to Finance Committee. 

By Senators Garwood, Allran, Carter, Cochrane, East, Forrester, Foxx, Garrou, Hagan, 
Hartsell, Lucas, Metcalf, Moore, Rucho and Weinstein: 

S.B. 326, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
INCREASE SUBSTITUTE TEACHER PAY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Ballantine: 

S.B. 327, A BILL TO BE ENTITLED AN ACT RELATING TO THE 4TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Wellons, Gulley and Lucas: 

S.B. 328, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
TRANSMISSION AND FILING OF MAPS BY THE DEPARTMENT OF 
TRANSPORTATION. 

Referred to Finance Committee. 

By Senators Hagan, Ballance, Carter, Garrou, Garwood, Kinnaird, Rand and 
Robinson: 

S.B. 329, A BILL TO BE ENTITLED AN ACT TO MAKE NORTH CAROLINA'S 
LAPSE STATUTE LESS RESTRICTIVE. 

Referred to Judiciary II Committee. 

By Senators Kinnaird, Allran, Ballance, Carpenter, Carrington, Carter, Clodfelter, 
Cooper, Dalton, Dannelly, East, Forrester, Garrou, Garwood, Gulley, Hagan, Harris, 
Hartsell, Hoyle, Jordan, Kerr, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, 

March 11, 1999 



150 SENATE JOURNAL [Session 

Miller, Odom, Perdue, Phillips, Purcell, Rand, Reeves, Shaw of Cumberland, Soles, 
Warren and Weinstein: 

S.B. 330, A BILL TO BE ENTITLED AN ACT TO CREATE A STATE 
SPAY/NEUTER FUND, TO IMPOSE A FEE OF FIFTY CENTS ON RABIES 
VACCINATIONS TO RAISE MONEY FOR THE SPAY/NEUTER FUND, TO 
ESTABLISH A STATEWIDE EDUCATIONAL PROGRAM ON THE BENEFITS OF 
SPAYING AND NEUTERING PETS, AND TO PROVIDE AN INCENTIVE TO 
COUNTIES AND CITIES TO LEVY A DIFFERENTIAL TAX ON DOGS AND CATS 
THAT ARE NOT SPAYED OR NEUTERED. 

Referred to Finance Committee. 

By Senators Garrou, Carter, Hagan, Harris, Lucas, Metcalf, Odom, Phillips, Reeves 
and Weinstein: 

S.B. 331, A BILL TO BE ENTITLED AN ACT TO REQUIRE REGISTRATION AS 
A SEX OFFENDER FOR CERTAIN ADDITIONAL OFFENSES. 

Referred to Judiciary I Committee. 

By Senators Hartsell, Clodfelter, Dannelly and Odom: 

S.B. 332, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH A FIRE SAFETY ENGINEERING TECHNOLOGY PROGRAM AT UNC- 
CHARLOTTE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Albertson, Ballance, Carter, Clodfelter, Cochrane, Cooper, 
Dannelly, Foxx, Garrou, Hagan, Harris, Hoyle, Kerr, Kinnaird, Lucas, Martin of Pitt, 
Martin of Guilford, Metcalf, Miller, Odom, Phillips, Plyler, Rand, Reeves, Robinson, 
Soles and Warren: 

S.B. 333, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
MEMBERSHIP OF STATUTORILY CREATED DECISION-MAKING OR 
REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES; 
PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO THE 
APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENSURE PROPORTIONATE 
REPRESENTATION OF WOMEN; REQUIRING ANNUAL REPORTS; AND 
REQUIRING RETENTION OF CERTAIN INFORMATION REGARDING 
APPLICANTS. 

Referred to State and Local Government Committee. 

By Senators Ballance, Carpenter, Dannelly, Kinnaird, Lucas, Martin of Guilford, 
Miller, Odom, Purcell, Shaw of Cumberland, Soles and Weinstein: 

S.B. 334, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A 
MENTALLY RETARDED PERSON CONVICTED OF FIRST DEGREE MURDER 
SHALL NOT BE SENTENCED TO DEATH. 

Referred to Judiciary II Committee. 

By Senators Dannelly, Albertson, Ballance, Clodfelter, Cochrane, Cooper, Hoyle, 
Kerr, Lucas, Martin of Pitt, Martin of Guilford, Odom, Perdue, Rucho and Warren: 

S.B. 335, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGARDING REDUCTION OR CONTINUATION OF A TEACHER'S BONUS, AS IT 
APPLIES TO THE CHARLOTTE-MECKLENBURG COUNTY SCHOOL 
ADMINISTRATIVE UNIT. 

Referred to Education/Higher Education Committee. 

March 11, 1999 



1 999] SENATE JOURNAL 1 5 1 

By Senators Allran, Ballantine, Carpenter, Forrester, Hartsell, Horton, Moore and 
Rucho: 

S.B. 336, A BILL TO BE ENTITLED AN ACT TO MAKE SEVERAL CHANGES 
TO REFORM THE ELECTION LAWS OF NORTH CAROLINA. 

Referred to Judiciary I Committee. 

By Senators Allran, Ballantine, Cochrane, Foxx, Moore, Webster and Weinstein: 
S.B. 337, A BILL TO BE ENTITLED AN ACT TO REQUIRE DISCLOSURE 
STATEMENTS ON PUSH POLLS. 
Referred to Judiciary I Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 1 1:30 A.M. 



TWENTY-SEVENTH DAY 

Senate Chamber 
Monday, March 15, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor: 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of goodness, if only the devil would appear to us with cloven hoofs, horns and a 
tail, then life would be so much simpler. The really dangerous temptations, it seems, are 
not those to which we fall knowing that we do wrong, but those that intoxicate us into 
believing we are doing right by serving the Kingdom of God in a more original and 
attractive way. 

"Lead us not into temptation this day, and by Your Grace deliver us from evil. For we 
make our prayer in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Carrington, Senator Clodfelter, Senator Hartsell, Senator Hoyle, Senator Metcalf, Senator 
Shaw of Cumberland, and Senator Webster. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 11, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Michael West 
Brennan from Burlington, North Carolina, who is serving the Senate as Doctor of the Day. 

REPORT OF COMMITTEE 

Bills are reported from a standing committee, read by their titles, together with the 
report accompanying them, and take their place on the Calendar, as follows: 

March 15, 1999 



152 SENATE JOURNAL [Session 

By Senator Miller for the Judiciary II Committee: 

S.B. 290, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOBBYING 
LAW, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Finance Committee. 

S.B. 310, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE TIME 
FOR GIVING NOTICE OF APPEAL IN CASES OF TERMINATION OF PARENTAL 
RIGHTS AND EMANCIPATION AND IN HEARINGS TO TRANSFER A JUVENILE 
TO SUPERIOR COURT SHALL BE TEN DAYS AFTER ENTRY OF THE ORDER 
RATHER THAN TEN DAYS AFTER THE DATE OF THE HEARING, with a favorable 
report. 

S.B. 311, A BILL TO BE ENTITLED AN ACT TO MODIFY RULE 4 OF THE 
RULES OF CIVIL PROCEDURE TO EXTEND THE LENGTH OF THE LIFE OF A 
SUMMONS AND TO ABOLISH ENDORSEMENT AS A MEANS OF REVIVING A 
SUMMONS, with a favorable report. 

ADDITIONAL SPONSORS 

Senator Ballance, Senator Ballantine, Senator Carter, and Senator Wellons request to 
be added as a sponsor of previously introduced legislation: 

S.B. 289, A BILL TO BE ENTITLED AN ACT TO NAME THE NORTH 
CAROLINA CHILDREN'S VISION SCREENING IMPROVEMENT PROGRAM IN 
HONOR OF KENNETH C. ROYALL, JR. 

CALENDAR 

A bill on tonight's Calendar is taken up and disposed of, as follows: 

S.B. 289, A BILL TO BE ENTITLED AN ACT TO NAME THE NORTH 
CAROLINA CHILDREN'S VISION SCREENING IMPROVEMENT PROGRAM IN 
HONOR OF KENNETH C. ROYALL, JR. 

With unanimous consent, upon motion of Senator Plyler, the remarks of the Members 
are spread upon the Journal, as follows: 

Senator Plyler: 

"Thank you, Mr. President and Members of the Senate. It is certainly an honor and a 
privilege for me this afternoon to present this bill to the Members of the North Carolina 
Senate and also on over to the House. I don't know of anyone here that hasn't had some 
contact with Ken Royall over the many years that he has served in this General Assembly. 
Ken served three terms in the North Carolina House. Then he served ten terms in the 
North Carolina Senate. As we all know, Ken was a giant of a man not only in stature but 
also in mind and ability. Ken Royall probably knew more about the budget process of the 
North Carolina General Assembly than anyone else ever in this Legislature. Ken would 
sit over near this door right in front of the camera on the back seat, then he moved over to 
where Ed Warren is sitting there. But anywhere Ken went he was recognized as a person 
with knowledge of everything about, not only North Carolina, but a lot on the federal 
level. At one time he was called a walking computer and that was before computers were 
really popular as they are now. Ken headed the Appropriations Committee of the Senate 
for years and years either as Chairman or Co-Chairman of Base Budget, Ways and Means 

March 15, 1999 



1 999] SENATE JOURNAL 1 53 

or various positions. You could talk to Ken. He could give you a lot of information that 
you needed. Sometimes when Ken didn't have time to really explain to you he would tell 
you enough that you knew he would be back to you at a later date. Ken left here in 1991 
and I know that he went to enjoy himself in playing golf, going to Florida and various 
other activities that he could have, but he never did forget what the North Carolina Senate 
and the General Assembly meant to the State of North Carolina. Ken is not well now and 
he would like to be here tonight and he extends his regrets but he is just not able to be here 
for this presentation, although many of his family are here and of course, Mr. President, 
you will recognize them at a later date. The changes of the North Carolina Children's 
Vision Screening and Improvement Program to the Kenneth C. Royall, Jr. Screening 
Improvement Program is a very important move. Ken has worked with the blind people of 
North Carolina for thirty-two years. Although this particular program is only two years 
old, it was started many years ago when they needed it. The optometrists, opthamologists 
and the various ones would examine these children in the kindergarten area and then they 
would treat them until they started training the people in the various areas to observe them 
and to notice their problems and then recommend them for treatment. Right now it's 
about 5,500 people in North Carolina that are the ones that are screening these children. 
It's about 700,000 children in North Carolina that are in the K-6 area, but about 175,000 
of these children have been treated or about twenty-five percent. Of course, as I 
mentioned earlier, the purpose of this bill is to change the name of the North Carolina 
Children's Vision Screening Improvement Program to the Kenneth C. Royall, Jr. Vision 
Screening Improvement Program which I feel is a very, very good thing and a man that 
deserves the honor very, very much. I certainly hope that each and every one of you, most 
of you did sign the bill, the ones that didn't unfortunately we were not able to get them 
before the bill was filed, but I know everyone wanted to sign it, but there are some forty or 
more signatures on the bill in support. So, I would ask you if you would, to support the 
changes here and it would be greatly appreciated and I ask your support and any 
comments." 

Senator Perdue: 

"Thank you Mr. President, Members of the Senate. Kenneth Royall is a North 
Carolina legend. For those of you all who have not had the opportunity to serve with him 
you really missed a special experience. When I was a freshman in the House, I was scared 
to death of two people up here. I walked lightly when I got in their paths and I knew not 
to cross them. For whatever reason, you have a sixth sense about somebody who is fierce 
and strong and capable and bold but who will cut you to shreds if you go the wrong way. 
And those two people were Billy Watkins and Kenneth Royall. They are history for this 
State. Those two men did great things for North Carolina. I don't believe you could go 
into any of the hundred counties and not find a person, a family, a place, or a program that 
those two men didn't cause to impact the folks who lived in every single county. Kenneth 
Royall is a dear friend of mine these days. I see him often in the summer at Atlantic 
Beach. I enjoy his family. I enjoy seeing this softer different side of Ken Royall than I 
saw here as Chair of Appropriations. But even though as a freshman I was timid around 
Senator Royall, I always knew that he was that gentle giant of a man we hear so much 
about, simply because he had a heart that was unlimitless when you talk to him about one 
single issue and that was mental health. Even today if you'll go to your counties or to 
your area mental health programs and you ask them what their needs are and you have an 
honest dialogue with folks in the mental health field about where mental health is in North 
Carolina in 1999, they'll tell you we're going backwards. And they have one simple 
reason for why we have made so little progress. They say they have lost their hero and 
their hero was Kenneth Royall. No man, I believe in the history of North Carolina, has 
done more for the mentally ill and for folks with severe developmental disabilities than 

March 15, 1999 



154 SENATE JOURNAL [Session 

Senator Kenneth Royall, and for that he will always be remembered, a strong politician, a 
fierce politician but a gentle giant in North Carolina. And, Ken, when you watch this 
video know that there are some of us here who love you everyday." 

Senator Martin of Guilford: 

"Thank you, Mr. President and Members of the Senate. First I'd just like to echo the 
comments that were made earlier by Senator Plyler and also by Senator Perdue. Of 
course, I had the pleasure of serving with Ken Royall and I've seen both sides of him also. 
As a testament to the gentler side, I recall one of the Advisory Budget Commission trips 
probably ten or twelve years ago where we were visiting one of the centers where there 
were children. There was a children's choir singing at one of the, I forgot exactly where it 
was now, there was a choir made of children with developmental disabilities many of 
which were mental retardation. And I recall very clearly in that instance that was the only 
time I have actually seen Ken Royall cry. He was crying during the song. But I just want 
to go just a little bit further and indicate that on Prevent Blindness, that's the program on 
children's vision screening, is a joint program between a non-profit prevent blindness and 
the Department of Health and Human Services. And during the '97 Session we did fund 
that for, I think about a little over $300,000 of non-recurring dollars. And, of course, that 
was less than what was requested. But as Senator Plyler indicated, the program speaks for 
itself and that it has trained numerous persons around the State. Just in the half year alone 
they trained almost 5,000 persons. These are teachers, teachers assistants, nurses, 
community volunteers and trained them how to detect the problems and refer them if 
necessary for further follow-up care by professionals. It used to be situations where there 
were many, many referrals. But those referrals sometimes were not necessary through the 
training they've cut down on the number that have not been merited and there has been a 
lot more success. And I think they've screened something like 300,000 students already. 
And I would just like to ask you to support this legislation changing the name of the 
program to the Kenneth C. Royall Children's Vision Screening Program and in honor of 
Ken Royall's great work here in the General Assembly and in the community and also I 
just must mention that he is one of the founding members of Prevent Blindness and this 
would be a particular honor for him which he greatly deserves. Thank you very much." 

Senator Gulley: 

"Thank you. I guess I want to second everything that's been said about how special 
Ken Royall was, about how influential he was in this Chamber and in this General 
Assembly, but also say that he was very important to Durham County. In many large 
ways and in many small ways Ken helped the people of Durham County frequently in 
ways that reflected his commitment to people, to individuals in their human needs as much 
as to the other aspects of our lives. Ken Royall was an inspiration to us in Durham 
County. He left very large shoes, Senator Lucas, that I know you and I may aspire but we 
will not fill. But he was special, he was unique, and he was who he was and that's the 
way it ought to be. I guess I just want to say how much we appreciate him in Durham 
County and how important he was to us as a part of this tribute we haven't probably done 
enough to recognize him in Durham County, although we did some things back when I 
was Mayor. We probably won't do enough in state government to recognize the role that 
he played, but I want to join in support of this Resolution and in honoring a very special 
Senator and human being, Ken Royall. Thank you." 

Senator Lucas: 

"Recently, members of the Senate, I participated in the Women's World Day of Prayer 
and there was a song in Spanish which was called Cuando El Pobre. I just want to read 
these little words to you because they remind me so much of former Senator Royall. And 

March 15, 1999 



1 999] SENATE JOURNAL 1 55 

it says, 'When the poor ones who have nothing share with strangers, when the thirsty 
water given unto us all, when the crippled in their weakness strengthen others, then we 
know that God still goes that road with us.' The citizens of Durham have always known 
that Kenneth Royall was a special man. And tonight when we support this legislation, we 
just think of his contribution to leadership because he has strengthened others and he has 
helped others in their weakness. Our children are blessed with the name on this bill of 
Kenneth Royall, so I ask that you support it." 

• 
Senator Odom: 

"It's my honor to have this opportunity to speak in support of this. First, I won't go 
into all the details that have already been mentioned, but I think that you could summarize 
Ken's work as being a strong advocate for those without a voice, Senator Lucas. That 
would sum it up. And when Senator Perdue was talking about her freshman year down 
here, it also reminded me of mine. In 1989, he sat back here and I sat across the aisle from 
him, and unfortunately nobody told me to be timid, nobody told me be afraid of him and I 
learned my lesson the hard way. But after that freshman year, and he taught me a number 
of things and he was a great teacher in the political process of this Assembly, we became 
great friends and have remained so ever since. One of the pleasures after those freshman 
years was the fact that I got to play golf with him a good bit. And I found also that you 
did not bet against Ken when he had a twenty-five foot putt because he could make it. 
And to show the type of person that he is, after he left the Senate Chamber, I started, after 
my cancer bout a number of years ago, a benefit cancer golf tournament in Charlotte that 
we have every other year and Ken Royall has come down there every time and played in 
that golf tournament. And I thank him. And if Ken hears these words, I want him to 
know that we are planning on him being in Charlotte in September of this year when we'll 
have that occasion again. And I would simply close by saying that what we do here 
tonight is a very, very small honor for a man who has contributed so much, so long for 
those who have not had a voice without Ken Royall and all of his years of service. Thank 
you." 

Senator Horton: 

"Thank you Mr. President. One aspect we haven't mentioned is that Ken Royall is the 
namesake of another great North Carolinian. You know so often that can be a shriveling 
sort of thing to have happen to you. But Ken Royall was not willing to stay in the shadow 
of the very just fame of his father. But he became a man and a leader in his own right, as 
Senator Plyler has mentioned, for twenty-six years. He was here in this Chamber or in the 
one across the way. He became an expert in matters of finance. In fact you wonder 
whether North Carolina could have been led through those awkward years when we were 
moving from an essentially agrarian State into a more urban State if it hadn't been for the 
steady hand of Ken Royall on the tiller. I remember years ago there was a series of 
advertisements for Timken roller bearings; some of you may remember them. They 
showed a great big tough guy holding a little roller bearing in his fingers and the slogan 
was, 'Tough, but oh so gentle'. That was Ken Royall." 

Senator Soles: 

"Mr. President, Ladies and Gentlemen of the Senate, it was my honor to serve in both 
the House and the Senate with Kenneth Royall. He arrived one term before I did and 
apparently I've outlasted him by several terms. I will never be able to fill the shoes or the 
vacancy that he's left here though. And we've heard him talked about as a giant. I'd say 
to you, yes he was a gentle giant, and yes he would run over you but when he ran over 
you, he'd reach down and pick you up and you'd be a better man or woman for it. As 
Senator Horton mentioned, he comes from a very distinguished North Carolina family. 

March 15, 1999 



156 SENATE JOURNAL [Session 

His father was the Secretary of War in the Second World War. His brother-in-law was the 
President of the American Medical Association, American Medical Society I guess is the 
correct word. But Ken never talked about those things in a bragging manner. If you asked 
him about his father he would tell you because he was proud of the heritage that he had. If 
you talked with him about health care and happened to mention his brother-in-law he 
would acknowledge that but he never did brag about those things. I think it's significant 
that we call this bill and change the name of the program to the Royall Children's Vision 
Program because it has two words in it that are very significant when you talk about 
Kenneth Royall. First, he was very much for children, not only children but those who 
couldn't help themselves generally. He was one that was more interested in the down 
trodden and those who were struggling than he was those that had succeeded and could 
help themselves. Another word in the program is vision. Kenneth Royall had a true 
vision of North Carolina and he went about working and trying to promote his vision of 
North Carolina and this State is better for his having lived. I'm proud to have served with 
him, I'm proud to have him as my friend." 

Senator Kerr: 

"Senator Royall, Kenneth Claiborne Royall, Jr. and his family were from Goldsboro 
and the Davis family, his brother-in-law Dr. Jim Davis, I think they lived side-by-side on 
Ashe Street before I came to Goldsboro. They were great friends of my in-laws, and I 
think that we have to remember that. I was in the House with Beverly and Ken let me get 
one bill through the Legislature, something that Martin Lancaster could never do. We 
capped the fees on the State. I had to worry him because he used to have a committee 
called Ways and Means and that was somewhat like Representative Morgan's Rules 
Committee last year. It went to Ways and Means. But I bird-dogged him all year and the 
last day of the Session, I think Marshall Rauch really wanted that bill, too. But anyway, 
we capped the Clerk's fees on the State. The Clerk's were getting more than the attorneys. 
They had no cap. It was some fee we put in there. But Kenneth was a great fellow; he 
was a great golfer. I think he did this not for personal gain and as everybody said his 
father was Secretary of War during World War II. We had two lawyers in Goldsboro. 
Colonel Langston went and ran the selective service. I believe Senator Royall, Jr., Senator 
Albertson, was born in your county but he grew up in Goldsboro. I'll say this about Ken, 
he had a lot more bark then he had bite. He had a lot of bark and sometimes he had a little 
bite but Goldsboro is very proud of the Davis and the Royall families. And one thing that 
I'm pleased about is on a faded building downtown. Kenneth's father was a great lawyer 
and, in fact, after being Secretary of the Army, he went to be the head of a major firm on 
Wall Street. But he was also an entrepreneur in Goldsboro and in Goldsboro there is this 
faded name on this store down by the railroad tracks, I think it's the Royall Ice Cream 
Company. So now we've got something named for Kenneth Jr. and this is a very small 
token of love for Senator Royall for all he did, particularly for the disabled and then the 
mentally ill, and it was my pleasure to have known him and known him even if I didn't 
serve with him in the Senate but he has been a close friend. He was a great believer in this 
institution. He was a great believer in the national organization of the Legislature and he 
had a happy family, and he loved people and though he did bark on occasion, he very 
seldom bit. I think this is a good thing to do and I appreciate Senator Plyler and others for 
bringing this forward and I commend it to you." 

Senator Shaw of Guilford: 

"I don't know of anybody that's been more help to me in the years I've been in the 
General Assembly than Ken Royall was. And I don't think you all have heard this story 
before, but I think it was either in 1985 or '87, Ken was pushing a piece of legislation and 
I had known him when I was State Republican Chairman. We had met politically. And 

March 15, 1999 



1 999] SENATE JOURNAL 1 57 

he came to me and he said, 'Can you help me with this bill?' And I said, 'Well, I'm not 
crazy about it but if you need my vote I'll support you with it. Some of my family don't 
like it.' So the day the bill was going to be heard on second reading, he came by where I 
was sitting right over there, he was sitting right here and he said, 'Looks like I may need 
you.' And I said, 'Well, just let me know, just give me a thumbs up or thumbs down and 
I'll vote with you on it.' And some of my family was sitting up there in the balcony and 
he knew that. And just as they started to vote I heard somebody call my name and looked 
over here and Ken did this to vote against it. And I voted against it and that bill lost by 
one vote. It was the lottery bill. I went over there and I said, "Ken, why didn't you let me 
know. I would have voted with you. I had no problem with it' He said, 'Because, Bob, I 
think more of you than I did that bill.' And he said, 'Do one thing for me.' I said, 
'Alright.' Ollie Harris was against the bill, Senator Harris from Kings Mountain. He said, 
'Go out and tell Ollie that I had his blank beat and let him off the hook.' So I went outside 
and Ollie had walked outside and I said, 'Well, let me tell you what happened to your bill.' 
And he said, 'Well that sounds just like him.' This man had a lot of guts. I know some of 
you, we were together down at Camp LeJeune when the marines had a parade down there. 
The General was leaving and another General was coming in. And Ken was on a cane 
then and he was hobbling, he was having trouble walking. And he was sitting right beside 
me and the General walked over and said, 'Senator Royall would you like to walk on the 
parade field?' He said, 'Yes Sir.' He got up, put the cane down and walked, never limped 
one time around that parade ground. I'm sure that night Julia had to help him into bed, 
but he made it. He was a fine man. I probably think as much of him as anybody that ever 
walked through the doors of this building and I certainly think we should do anything we 
can to honor his presence here. Thank you." 

Senator Basnight: 

"Thank you, Mr. President, Members of the Senate. I look around and I wonder where 
have all the people gone. If Ken Royall were here pleading our charges, this corner would 
be full with the press. And it's a bit of a pity that they aren't here to honor a man who did 
oh so much for the people of this State. I had a local delegation to come to Raleigh and 
they wanted to explain one of their needs. I asked the Appropriations Chair if he would 
meet with them. Begrudgingly, he said, 'Yes I will.' Real busy. So we pitched our need 
to Senator Royall and some others that were in there. The others did a magnificent job of 
telling my delegation what they wanted to hear without telling them they would get what 
they wanted. So when it came time for Senator Royall to respond he said, 'Hell no you 
won't get it.' He was as honest as he was candid. He was quick to belittle or degrade 
when it was rightfully so. But in that case he was teaching me a lesson as he would later 
tell me and others who followed. He was so very honest when he needed to be. But the 
folks went back home and we came back and eventually this gentle man, this giant person 
rescinded those direct thoughts that he previously had and he helped this small group of 
people accomplish what they wanted to accomplish. In so many different ways he reached 
out to people that you would never see. No they are not in the gallery today but they're 
scattered across our State. All of the people will always be touched by him. So by seeing 
that his name is imprinted somewhere for those to remember forevermore, is more than 
grateful and right by those of us who knew him. It is this Body that he loves more than 
any other. He never aspired to be Governor. He never wanted to be anything but Senator 
Ken Royall. And he was as good as there ever was. God bless you, Ken." 

The bill passes its second reading (41-0) and third reading with Members standing and 
is ordered, without objection, sent to the House of Representatives by special message. 

Upon motion of all of the Senate and the Chair, the President of the Senate extends 

March 15, 1999 



158 SENATE JOURNAL [Session 

courtesies of the gallery to the family of Kenneth C. Royall, Jr., his daughter, Julia Bryan 
Cannavan and her husband Bob, with their daughter Julia; and his son, Jere Royall and 
his wife Mary Eloise. 

Upon motion of Senator Basnight, seconded by Senator Lucas and Senator Gulley, the 
Senate adjourns subject to introduction of bills, to meet tomorrow, Tuesday, March 16, at 
4:00 P.M. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Hartsell: 

S.B. 338, A BILL TO BE ENTITLED AN ACT TO GIVE CLASSROOM 
EXPERIENCE TO SCHOOL PERSONNEL WHO ARE CERTIFIED TEACHERS BUT 
ARE NOT CLASSROOM TEACHERS. 

Referred to Education/Higher Education Committee. 

By Senators Gulley and Cooper: 

S.B. 339, A BILL TO BE ENTITLED AN ACT TO REDESIGNATE THE 
COMMUNITY PENALTIES PROGRAM AS THE SENTENCING SERVICES 
PROGRAM, TO CLARIFY THAT THE WORK PRODUCT OF THESE PROGRAMS 
IS ALWAYS PRESENTED TO THE COURTS, AND TO MAKE OTHER 
CLARIFYING CHANGES. 

Referred to Judiciary I Committee. 

By Senators Rucho, Clodfelter, Dannelly and Odom: 

S.B. 340, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGARDING REDUCTION OR CONTINUATION OF A TEACHER'S BONUS, AS IT 
APPLIES TO THE CHARLOTTE-MECKLENBURG COUNTY SCHOOL 
ADMINISTRATIVE UNIT. 

Referred to Education/Higher Education Committee. 

By Senators Rand, Ballance, Cooper and Hoyle: 

S.B. 341, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE FIRST FLIGHT CENTENNIAL FOUNDATION FOR ITS PROGRAMS 
COMMEMORATING THE CENTENNIAL OF POWERED FLIGHT. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 342, A BILL TO BE ENTITLED AN ACT TO AMEND THE GENERAL 
STATUTES PERTAINING TO CHILD SUPPORT ENFORCEMENT. 
Referred to Children & Human Resources Committee. 

By Senators Garwood and Moore: 

S.B. 343, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
JONESVILLE TO CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR 
UNCERTIFIED COPIES OF POLICE INCIDENT OR ACCIDENT REPORTS AND TO 
AUTHORIZE THE TOWN TO GIVE ANNUAL NOTICE OF VIOLATION TO 
CHRONIC VIOLATORS OF THE CITY'S OVERGROWN VEGETATION 
ORDINANCE. 



March 15, 1999 



1 999] SENATE JOURNAL 1 59 

Referred to Finance Committee. 

By Senators Forrester, Carpenter and Purcell: 

S.B. 344, A BILL TO BE ENTITLED AN ACT TO PROVIDE EXPANDED 
ACCESS TO SPECIALTY CARE IN MANAGED CARE PLANS. 
Referred to Health Care Committee. 

By Senators Forrester, Carpenter and Purcell: 

S.B. 345, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT 
RECONSIDERATION AND APPEAL OF UTILIZATION REVIEW 
NONCERTIFICATION BE EVALUATED BY MEDICAL DOCTORS LICENSED TO 
PRACTICE IN THIS STATE. 

Referred to Health Care Committee. 

By Senators Forrester, Carpenter and Purcell: 

S.J.R. 346, A JOINT RESOLUTION AUTHORIZING THE LEGISLATIVE 
RESEARCH COMMISSION TO STUDY SUICIDE PREVENTION. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Forrester, Carpenter and Purcell: 

S.B. 347, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH BENEFIT 
PLANS TO COVER NONFORMULARY DRUGS AND DEVICES WHEN 
MEDICALLY NECESSARY. 

Referred to Insurance Committee. 

By Senators Forrester and Carpenter: 

S.B. 348, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE MISUSE OF 
LASER DEVICES. 

Referred to Health Care Committee. 

By Senators Allran, Ballantine, Carpenter, Carrington, Cochrane, East, Forrester, 
Foxx, Garwood, Horton, Hoyle, Martin of Pitt, Moore, Rucho, Shaw of Guilford and 
Webster: 

S.B. 349, A BILL TO BE ENTITLED AN ACT TO BAN PARTIAL-BIRTH 
ABORTIONS. 

Referred to Children & Human Resources Committee. 

By Senators Odom, Clodfelter, Dannelly and Rucho: 

S.B. 350, A BILL TO BE ENTITLED AN ACT TO AMEND THE CHARTER OF 
THE CITY OF CHARLOTTE WITH RESPECT TO EXECUTION OF DEEDS AND 
THE DISPOSITION OF REAL PROPERTY BY PRIVATE SALE AND/OR SUBJECT 
TO RESTRICTIONS. 

Referred to State and Local Government Committee. 

By Senator Odom: 

S.B. 351, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Odom, Clodfelter, Dannelly and Rucho: 

S.B. 352, A BILL TO BE ENTITLED AN ACT RELATING TO MECKLENBURG 
COUNTY, CITY OF CHARLOTTE, TOWN OF CORNELIUS, TOWN OF DAVIDSON, 

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160 SENATE JOURNAL [Session 

TOWN OF HUNTERSVILLE, TOWN OF MATTHEWS, TOWN OF MINT HILL, AND 
TOWN OF PINEVILLE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Odom: 

S.B. 353, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN 
OF DAVIDSON TO MAKE ADDITIONAL VOLUNTARY SATELLITE 
ANNEXATIONS IF CERTAIN CRITERIA ARE MET. 

Referred to Finance Committee. 

By Senator Jordan: 

S.B. 354, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE NORTH CAROLINA LEGAL EDUCATION ASSISTANCE FOUNDATION FOR 
ITS LOAN REPAYMENT ASSISTANCE PROGRAM FOR NORTH CAROLINA 
PUBLIC SERVICE ATTORNEYS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Jordan: 

S.B. 355, A BILL TO BE ENTITLED AN ACT TO CHANGE THE NAME OF THE 
ALCOHOL LAW ENFORCEMENT DIVISION TO THE SPECIAL LAW 
ENFORCEMENT DIVISION AND TO MAKE THE CORRESPONDING CHANGES 
TO THE APPLICABLE STATUTES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Weinstein: 

S.B. 356, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
COMPLETION OF THE SOUTHEASTERN FARMERS' MARKET AND 
AGRICULTURAL CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senators Weinstein, Plyler and Purcell: 

S.B. 357, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE TOWN OF MAXTON FOR EMERGENCY REPAIRS AND RENOVATIONS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Weinstein, Plyler and Purcell: 

S.B. 358, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE TOWN OF RAEFORD FOR EMERGENCY REPAIRS AND RENOVATIONS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Phillips, Foxx, Garrou, Hagan, Harris, Kinnaird, Lucas, Martin of 
Guilford, Miller, Weinstein and Wellons: 

S.B. 359, A BILL TO BE ENTITLED AN ACT TO AMEND THE GENERAL 
STATUTES PERTAINING TO CUSTODY OF ABUSED, NEGLECTED, OR 
DEPENDENT JUVENILES IN THE CUSTODY OR AUTHORITY OF THE COUNTY 
DEPARTMENTS OF SOCIAL SERVICES. 

Referred to Judiciary II Committee. 

By Senator Albertson: 

S.B. 360, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

March 15, 1999 



1 999] SENATE JOURNAL 1 6 1 

THE DUPLIN COUNTY DISPUTE SETTLEMENT CENTER FOR A TEEN COURT IN 
DUPLIN COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Harris, Kerr and Warren: 

S.B. 361, A BILL TO BE ENTITLED AN ACT TO EARMARK ONE-TIME FUNDS 
FROM THE MOTOR FUEL INSPECTION TAX PROCEEDS TO CONSTRUCT A 
NEW MOTOR FUELS LABORATORY IN RALEIGH. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Harris, Kerr and Warren: 

S.B. 362, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
MEAT AND POULTRY INSPECTION FIELD AUTOMATION AND SALMONELLA 
TESTING. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Harris, Kerr and Warren: 

S.B. 363, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CENTER FOR ENVIRONMENTAL FARMING SYSTEMS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Harris, Kerr and Warren: 

S.B. 364, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
OPERATING SUPPORT AT THE OXFORD RESEARCH STATION. 
Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Harris, Kerr and Warren: 

S.B. 365, A BILL TO BE ENTITLED AN ACT TO REPEAL CERTAIN OBSOLETE 
AGRICULTURAL STATUTES. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson, Clodfelter, Harris, Kerr, Purcell and Warren: 
S.B. 366, A BILL TO BE ENTITLED AN ACT TO ALLOW SALES TAX 
REFUNDS FOR AGRICULTURAL FAIRS. 
Referred to Finance Committee. 

By Senators Martin of Pitt, Albertson, Dannelly, Martin of Guilford and Purcell: 
S.B. 367, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE NORTH CAROLINA RURAL ECONOMIC DEVELOPMENT CENTER FOR 
THE ADMINISTRATION OF WATER AND WASTEWATER PROGRAMS UNDER 
THE 1998 CRITICAL NEEDS BOND ACT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Gulley, Horton, Hoyle, Kinnaird and Miller: 

S.B. 368, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
DEPARTMENT OF TRANSPORTATION TO CONSTRUCT ACCESS TO RIVERS 
AND STREAMS WHEN BUILDING BRIDGES. 

Referred to Transportation Committee. 

By Senators Metcalf and Carter: 

S.B. 369, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
ASHEVILLE TO PROHIBIT ACTS OF DISCRIMINATION IN EMPLOYMENT 

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162 SENATE JOURNAL [Session 

BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, 
OR AGE. 

Referred to State and Local Government Committee. 

By Senators Ballance, Dannelly, Gulley, Kinnaird, Lucas, Martin of Guilford, Miller, 
Shaw of Cumberland and Weinstein: 

S.B. 370, A BILL TO BE ENTITLED AN ACT CLARIFYING WHEN WITNESS 
STATEMENTS OBTAINED PURSUANT TO THE ENFORCEMENT OF THE 
OCCUPATIONAL SAFETY AND HEALTH ACT MAY BE RELEASED. 

Referred to Judiciary I Committee. 

By Senators Plyler, Hartsell and Purcell: 

S.B. 371, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE STANLY 
COUNTY TO LEVY A ONE-CENT LOCAL SALES TAX FOR PUBLIC SCHOOL 
CAPITAL OUTLAY, SUBJECT TO APPROVAL BY THE VOTERS OF THE 
COUNTY. 

Referred to Finance Committee. 

By Senators Plyler and Purcell: 

S.B. 372, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE UNION COUNTY 
TO LEVY A ONE-CENT LOCAL SALES TAX FOR PUBLIC SCHOOL CAPITAL 
OUTLAY, SUBJECT TO APPROVAL BY THE VOTERS OF THE COUNTY. 

Referred to Finance Committee. 

By Senator Hoyle: 

S.B. 373, A BILL TO BE ENTITLED AN ACT TO ADD FOUR MEMBERS TO 
THE STUDY COMMISSION ON THE FUTURE OF ELECTRIC SERVICE IN NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Shaw of Cumberland, Ballance, Dannelly, Jordan, Lucas and Martin of 
Guilford: 

S.B. 374, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMERCE FOR VARIOUS ECONOMIC 
DEVELOPMENT PROGRAMS. 

Referred to Appropriations/Base Budget Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 7:52 P.M. 



TWENTY-EIGHTH DAY 

Senate Chamber 
Tuesday, March 16, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

March 16, 1999 



1 999] SENATE JOURNAL 1 63 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Tender Loving Shepherd, 'Feed my sheep,' You admonished us. It sounds simple 
enough, yet it is unlikely that those sheep will be found patiently waiting in a gated 
pasture right outside our home offices. 'Feed my sheep,' but they will have to be sought; 
and where that search will lead, and how much it will cost, who can know until the work is 
done? 

"Help us not to shrink from the work of Your Kingdom when we receive the wake-up 
call that the gospel is not necessarily the cost effective enterprise we had hoped for. Shall 
we dare to serve You this day and not count the costs? In Your Holy Name we pray, 
Amen." 

. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Webster. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 15, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Patricia Walsh Smith 
from Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, and to 
Mary Decker from High Point, North Carolina, who is serving the Senate as Nurse of the 
Day. 

The President extends the courtesies of the gallery to Deborah Deller, Clerk Assistant 
and Executive Director of Legislative Services, Ontario, Canada. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A special message received in the Office of the Principal Clerk from the House of 
Representatives transmitting a bill is presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 6 (House Committee Substitute No. 2), A BILL TO BE ENTITLED AN ACT TO 
APPROVE THE CREATION OF THE NONPROFIT CORPORATION ESTABLISHED 
PURSUANT TO COURT ORDER FOR THE PURPOSES OF RECEIPT AND 
DISTRIBUTION OF FIFTY PERCENT OF THE FUNDS RECEIVED BY THE STATE 
IN STATE OF NORTH CAROLINA V. PHILIP MORRIS INCORPORATED, ET AL., 
INCLUDING THE MANNER, TERMS, AND CONDITIONS OF APPOINTMENT OF 
THE CORPORATION'S BOARD OF DIRECTORS, TO CONDITIONALLY ASSIGN 
TO THE NONPROFIT CORPORATION THE RIGHT, TITLE, AND INTEREST IN 
THE ANNUAL PAYMENTS CONSTITUTING FIFTY PERCENT OF NORTH 
CAROLINA'S STATE SPECIFIC ACCOUNT, TO REQUIRE THE ATTORNEY 
GENERAL TO DRAFT AND FILE ARTICLES OF INCORPORATION FOR THE 
NONPROFIT CORPORATION CONCERNING CONSULTATION AND REVIEW, 
APPLICABILITY OF PUBLIC RECORDS AND OPEN MEETINGS LAWS, 
TRANSFER OF ASSETS AND DISSOLUTION, AND CHARTER REPEAL AND 
AMENDMENT AS A CONDITION PRECEDENT TO THE ASSIGNMENT OF 
PAYMENTS TO THE CORPORATION, TO EXPRESS THE INTENT OF THE 
GENERAL ASSEMBLY THAT TOBACCO PRODUCTION INTERESTS, TOBACCO 
MANUFACTURING INTERESTS, TOBACCO-RELATED EMPLOYMENT 
INTERESTS, HEALTH INTERESTS, AND ECONOMIC DEVELOPMENT 

March 16, 1999 



164 SENATE JOURNAL [Session 

INTERESTS SHALL BE REPRESENTED ON THE CORPORATION'S BOARD OF 
DIRECTORS, TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY TO 
ESTABLISH A TRUST FUND TO RECEIVE AND DISTRIBUTE TWENTY-FIVE 
PERCENT OF THE TOBACCO LITIGATION MASTER SETTLEMENT 
AGREEMENT FUNDS FOR THE BENEFIT OF TOBACCO PRODUCERS, 
TOBACCO ALLOTMENT HOLDERS, AND PERSONS ENGAGED IN TOBACCO- 
RELATED BUSINESSES, INCLUDING DIRECT AND INDIRECT FINANCIAL 
ASSISTANCE AND INDEMNIFICATION TO THESE BENEFICIARIES TO THE 
EXTENT ALLOWED BY LAW AND IN ACCORDANCE WITH CRITERIA 
ESTABLISHED BY THE TRUST FUND'S BOARD OF TRUSTEES, WITH THE 
TRUST FUND GOVERNED BY TRUSTEES REPRESENTING THESE INTERESTS, 
AND TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY TO ESTABLISH 
A SEPARATE TRUST FUND TO RECEIVE AND DISTRIBUTE TWENTY-FIVE 
PERCENT OF THE TOBACCO LITIGATION MASTER SETTLEMENT 
AGREEMENT FUNDS FOR THE BENEFIT OF HEALTH, WITH THE TRUST FUND 
GOVERNED BY A BOARD OF TRUSTEES COMPRISED OF A BROAD 
REPRESENTATION OF HEALTH INTERESTS, for concurrence in House Committee 
Substitute No. 2. 

Upon motion of Senator Rand, the rules are suspended, without objection, and House 
Committee Substitute bill No. 2 is placed before the Senate for immediate consideration. 

The Senate concurs in House Committee Substitute bill No. 2, (34-14) and the 
measure is ordered enrolled and sent to the Governor by special message. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 271 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ANNEX 
TO THE EXISTING CITY LIMITS OF THE TOWN OF HUNTERSVILLE CERTAIN 
AREAS SURROUNDED BY EXISTING CITY LIMITS OF THE TOWN OF 
HUNTERSVILLE, upon second reading. 

With unanimous consent, upon motion of Senator Odom, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Wednesday, 
March 24. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Webster: 

S.B. 375, A BILL TO BE ENTITLED AN ACT RELATING TO THE 2 1ST 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Webster: 

S.B. 376, A BILL TO BE ENTITLED AN ACT RELATING TO THE 2 1ST 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

March 16, 1999 



1 999] SENATE JOURNAL 1 65 

By Senator Webster: 

S.B. 377, A BILL TO BE ENTITLED AN ACT RELATING TO THE 2 1ST 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Webster: 

S.B. 378, A BILL TO BE ENTITLED AN ACT RELATING TO THE 2 1ST 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Weinstein: 

S.B. 379, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE TOWN OF FAIRMONT FOR EMERGENCY REPAIRS AND RENOVATIONS. 
Referred to Appropriations/Base Budget Committee. 

By Senator Weinstein: 

S.B. 380, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE TOWN OF ST. PAULS FOR EMERGENCY REPAIRS AND RENOVATIONS. 
Referred to Appropriations/Base Budget Committee. 

By Senator Weinstein: 

S.B. 381, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ROBESON COUNTY TO ESTABLISH A FIREMEN'S MUSEUM. 
Referred to Appropriations/Base Budget Committee. 

By Senators Jordan and Albertson: 

S.B. 382, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A NEW HEADQUARTERS BUILDING AT THE JONES 
COUNTY FORESTRY HEADQUARTERS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Jordan: 

S.B. 383, A BILL TO BE ENTITLED AN ACT TO REALLOCATE THE 
RESPONSIBILITY FOR ENFORCING THE UNIFORM INTERSTATE FAMILY 
SUPPORT ACT. 

Referred to Judiciary II Committee. 

By Senators Lee and Kinnaird: 

S.B. 384, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ORANGE ENTERPRISES FOR CAPITAL IMPROVEMENTS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Lee and Kinnaird: 

S.B. 385, A BILL TO BE ENTITLED AN ACT TO ALLOW THE MOORE 
COUNTY BOARD OF EDUCATION TO PERMIT THE USE OF PUBLIC SCHOOL 
ACTIVITY BUSES TO SERVE THE TRANSPORTATION NEEDS OF THE U. S. 
OPEN GOLF TOURNAMENT. 

Referred to State and Local Government Committee. 

By Senators Rand, Garrou, Hagan, Miller, Perdue and Reeves: 

S.B. 386, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES FOR IMPROVED ACOUSTICS 

March 16, 1999 



166 SENATE JOURNAL [Session 

IN CONSTRUCTING THE NEW SYMPHONY HALL FOR THE NORTH CAROLINA 
SYMPHONY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 387, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE 
HOUSE OF REPRESENTATIVES SHALL EACH APPOINT A MEMBER TO THE 
BOARD OF TRUSTEES OF EACH CONSTITUENT INSTITUTION. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Martin of Pitt: 

S.B. 388, A BILL TO BE ENTITLED AN ACT TO PROVIDE A SPECIAL 
ELECTION FOR A VACANCY ON THE EDGECOMBE COUNTY BOARD OF 
EDUCATION AND TO PROVIDE THAT FUTURE VACANCIES ON THE BOARD 
SHALL BE FILLED ONLY UNTIL THE NEXT REGULARLY SCHEDULED 
ELECTION FOR THE BOARD RATHER THAN FOR THE REMAINDER OF THE 
TERM. 

Referred to State and Local Government Committee. 

By Senators Martin of Pitt and Kerr: 

S.B. 389, A BILL TO BE ENTITLED AN ACT TO REVISE THE REQUIREMENTS 
OF FINANCIAL REPORTS OF CERTAIN TOWN OR COUNTY MUTUALS. 
Referred to Insurance Committee. 

By Senators Rucho, Cooper, Horton, Odom, Plyler and Shaw of Guilford: 

S.B. 390, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE 

ADDITIONAL FEE FOR SPECIAL REGISTRATION PLATES FOR AMATEUR 

RADIO OPERATORS. 

Referred to Finance Committee. 

By Senators Kinnaird and Lee: 

S.B. 391, A BILL TO BE ENTITLED AN ACT TO PROHIBIT DEER HUNTING IN 
MOORE COUNTY WITHOUT THE WRITTEN PERMISSION OF THE 
LANDOWNER, TO PROHIBIT DEER HUNTING FROM THE RIGHT-OF-WAY OF A 
PUBLIC ROAD IN MOORE COUNTY, AND TO REQUIRE OWNER 
IDENTIFICATION ON DOGS USED TO HUNT DEER IN MOORE COUNTY. 

Referred to State and Local Government Committee. 

By Senators Kinnaird and Lee: 

S.B. 392, A BILL TO BE ENTITLED AN ACT TO PROVIDE A 
COMPREHENSIVE CAMPUS VOTER REGISTRATION PROGRAM. 
Referred to Education/Higher Education Committee. 

CALENDAR (Continued) 

S.B. 269, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 

HUNTERSVILLE TO MAKE ADDITIONAL VOLUNTARY SATELLITE 

ANNEXATIONS IF CERTAIN CRITERIA ARE MET, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 

Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 

March 16, 1999 



1 999] SENATE JOURNAL 1 67 

Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, 
Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Soles, Warren, Weinstein, and Wellons — 48. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for tomorrow, Wednesday, March 17, upon 
third reading. 

S.B. 270 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE TOWN OF HUNTERSVILLE TO PROVIDE FOR VOLUNTARY 
ANNEXATION OF PROPERTY SUBJECT TO PRESENT-USE VALUE APPRAISAL, 
upon second reading. 

Senator Odom offers Amendment No. 1 which is adopted (48-0). 

The Committee Substitute bill, as amended, passes its second reading by roll-call vote, 
ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, 
Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Soles, Warren, Weinstein, and Wellons — 48. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, March 1 7, upon third reading. 

S.B. 115, A BILL TO BE ENTITLED AN ACT TO EXTEND FOR ONE YEAR THE 
DEADLINE FOR MATCHING COMMUNITY COLLEGE BOND FUNDS. 

The bill passes its second (49-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 310, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE TIME 
FOR GIVING NOTICE OF APPEAL IN CASES OF TERMINATION OF PARENTAL 
RIGHTS AND EMANCIPATION AND IN HEARINGS TO TRANSFER A JUVENILE 
TO SUPERIOR COURT SHALL BE TEN DAYS AFTER ENTRY OF THE ORDER 
RATHER THAN TEN DAYS AFTER THE DATE OF THE HEARING. 

With unanimous consent, upon motion of Senator Miller, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Wednesday, March 17. 

S.B. 311, A BILL TO BE ENTITLED AN ACT TO MODIFY RULE 4 OF THE 
RULES OF CIVIL PROCEDURE TO EXTEND THE LENGTH OF THE LIFE OF A 
SUMMONS AND TO ABOLISH ENDORSEMENT AS A MEANS OF REVIVING A 
SUMMONS. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 6, AN ACT TO APPROVE THE CREATION OF THE NONPROFIT 
CORPORATION ESTABLISHED PURSUANT TO COURT ORDER FOR THE 

March 16, 1999 



168 SENATE JOURNAL [Session 

PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY PERCENT OF THE 
FUNDS RECEIVED BY THE STATE IN STATE OF NORTH CAROLINA V. PHILIP 
MORRIS INCORPORATED, ET AL., INCLUDING THE MANNER, TERMS, AND 
CONDITIONS OF APPOINTMENT OF THE CORPORATION'S BOARD OF 
DIRECTORS, TO CONDITIONALLY ASSIGN TO THE NONPROFIT 

CORPORATION THE RIGHT, TITLE, AND INTEREST IN THE ANNUAL 
PAYMENTS CONSTITUTING FIFTY PERCENT OF NORTH CAROLINA'S STATE 
SPECIFIC ACCOUNT, TO REQUIRE THE ATTORNEY GENERAL TO DRAFT AND 
FILE ARTICLES OF INCORPORATION FOR THE NONPROFIT CORPORATION 
CONCERNING CONSULTATION AND REVIEW, APPLICABILITY OF PUBLIC 
RECORDS AND OPEN MEETINGS LAWS, TRANSFER OF ASSETS AND 
DISSOLUTION, AND CHARTER REPEAL AND AMENDMENT AS A CONDITION 
PRECEDENT TO THE ASSIGNMENT OF PAYMENTS TO THE CORPORATION, TO 
EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT TOBACCO 
PRODUCTION INTERESTS, TOBACCO MANUFACTURING INTERESTS, 
TOBACCO-RELATED EMPLOYMENT INTERESTS, HEALTH INTERESTS, AND 
ECONOMIC DEVELOPMENT INTERESTS SHALL BE REPRESENTED ON THE 
CORPORATION'S BOARD OF DIRECTORS, TO EXPRESS THE INTENT OF THE 
GENERAL ASSEMBLY TO ESTABLISH A TRUST FUND TO RECEIVE AND 
DISTRIBUTE TWENTY-FIVE PERCENT OF THE TOBACCO LITIGATION 
MASTER SETTLEMENT AGREEMENT FUNDS FOR THE BENEFIT OF TOBACCO 
PRODUCERS, TOBACCO ALLOTMENT HOLDERS, AND PERSONS ENGAGED IN 
TOBACCO-RELATED BUSINESSES, INCLUDING DIRECT AND INDIRECT 
FINANCIAL ASSISTANCE AND INDEMNIFICATION TO THESE BENEFICIARIES 
TO THE EXTENT ALLOWED BY LAW AND IN ACCORDANCE WITH CRITERIA 
ESTABLISHED BY THE TRUST FUND'S BOARD OF TRUSTEES, WITH THE 
TRUST FUND GOVERNED BY TRUSTEES REPRESENTING THESE INTERESTS, 
AND TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY TO ESTABLISH 
A SEPARATE TRUST FUND TO RECEIVE AND DISTRIBUTE TWENTY-FIVE 
PERCENT OF THE TOBACCO LITIGATION MASTER SETTLEMENT 
AGREEMENT FUNDS FOR THE BENEFIT OF HEALTH, WITH THE TRUST FUND 
GOVERNED BY A BOARD OF TRUSTEES COMPRISED OF A BROAD 
REPRESENTATION OF HEALTH INTERESTS. 

RECOGNITION OF AZALEA PRINCESS AND COURT 

With unanimous consent, upon motion of Senators Ballantine, Jordan, and Soles, 
privileges of the floor are extended to the Azalea Festival Princess and her Court. Senator 
Ballantine, Senator Jordan, and Senator Soles are directed to escort the guests to the Well 
of the Senate. The guests are received with a standing ovation. 

Denita Davis, Azalea Princess, extends an invitation to the Members to attend the 
upcoming Azalea Festival in Wilmington and introduces the members of her court. She 
presents a framed print commemorating the Festival to the President of the Senate, 
Lieutenant Governor Wicker, who accepts the gift on behalf of the Senate. The President 
recognizes Senator Ballantine who acknowledges members of the Azalea Festival 
Committee present in the Gallery. The guests are escorted from the Chamber to a standing 
ovation. 

Upon motion of Senator Basnight, seconded by Senator Jordan, the Senate adjourns 
at 5:01 P.M., subject to ratification of bills, to meet tomorrow, Wednesday, March 17, 
at 4:00 P.M. 



March 16, 1999 



1 999] SENATE JOURNAL 1 69 

TWENTY-NINTH DAY 

Senate Chamber 
Wednesday, March 17, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Sovereign God, we Praise You for Your marvelous creative power. You fashioned 
the world in just seven days and it was a perfect work. You turned that creation over to us 
so that we might care for it. But in no time, human management took its toll on Your 
good creation, and what was once perfect and harmonious became unstable, and totally at 
odds with Your first Divine vision. You must have looked on in disbelief as Your 
perfection unraveled before Your eyes. 

"Senate Bill 6 has now been returned to us and ratified, and it is not what all of us had 
hoped for. It has been amended. Some would say it has been improved, others would say 
it has been irrevocably disfigured. 

"Patient, forgiving God, somehow You manage to work with us when our oversight of 
Your handiwork falls short of Your Divine expectations. Somehow, You manage to bring 
about Your Divine Will in spite of the troubling innovations we introduce into Your grand 
plan. You seem to tolerate our meddling with a fair measure of grace. 

"Teach us a little bit about that kind of tolerance and forgiveness, because what we got 
back from the House was not exactly what we sent over there, and we are disappointed. 
You, no doubt, have had some experience in being frustrated in this way. Grant us 
patience to persevere in spite of this setback, because even flowers have been known to 
bloom through manmade sidewalks. We make our prayer in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Webster and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
March 16, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Ipbi Kim from 
Fayetteville, North Carolina, who is serving the Senate as Doctor of the Day, and to Cathy 
Chapman from Burlington, North Carolina, who is serving the Senate as Nurse of the Day. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Numbers, and presented to the Office of the Secretary of State: 

S.B. 6, AN ACT TO APPROVE THE CREATION OF THE NONPROFIT 
CORPORATION ESTABLISHED PURSUANT TO COURT ORDER FOR THE 
PURPOSES OF RECEIPT AND DISTRIBUTION OF FIFTY PERCENT OF THE 
FUNDS RECEIVED BY THE STATE IN STATE OF NORTH CAROLINA V. PHILIP 
MORRIS INCORPORATED, ET AL., INCLUDING THE MANNER, TERMS, AND 
CONDITIONS OF APPOINTMENT OF THE CORPORATION'S BOARD OF 
DIRECTORS, TO CONDITIONALLY ASSIGN TO THE NONPROFIT 

March 17, 1999 



170 SENATE JOURNAL [Session 

CORPORATION THE RIGHT, TITLE, AND INTEREST IN THE ANNUAL 
PAYMENTS CONSTITUTING FIFTY PERCENT OF NORTH CAROLINA'S STATE 
SPECIFIC ACCOUNT, TO REQUIRE THE ATTORNEY GENERAL TO DRAFT AND 
FILE ARTICLES OF INCORPORATION FOR THE NONPROFIT CORPORATION 
CONCERNING CONSULTATION AND REVIEW, APPLICABILITY OF PUBLIC 
RECORDS AND OPEN MEETINGS LAWS, TRANSFER OF ASSETS AND 
DISSOLUTION, AND CHARTER REPEAL AND AMENDMENT AS A CONDITION 
PRECEDENT TO THE ASSIGNMENT OF PAYMENTS TO THE CORPORATION, TO 
EXPRESS THE INTENT OF THE GENERAL ASSEMBLY THAT TOBACCO 
PRODUCTION INTERESTS, TOBACCO MANUFACTURING INTERESTS, 
TOBACCO-RELATED EMPLOYMENT INTERESTS, HEALTH INTERESTS, AND 
ECONOMIC DEVELOPMENT INTERESTS SHALL BE REPRESENTED ON THE 
CORPORATION'S BOARD OF DIRECTORS, TO EXPRESS THE INTENT OF THE 
GENERAL ASSEMBLY TO ESTABLISH A TRUST FUND TO RECEIVE AND 
DISTRIBUTE TWENTY-FIVE PERCENT OF THE TOBACCO LITIGATION 
MASTER SETTLEMENT AGREEMENT FUNDS FOR THE BENEFIT OF TOBACCO 
PRODUCERS, TOBACCO ALLOTMENT HOLDERS, AND PERSONS ENGAGED IN 
TOBACCO-RELATED BUSINESSES, INCLUDING DIRECT AND INDIRECT 
FINANCIAL ASSISTANCE AND INDEMNIFICATION TO THESE BENEFICIARIES 
TO THE EXTENT ALLOWED BY LAW AND IN ACCORDANCE WITH CRITERIA 
ESTABLISHED BY THE TRUST FUND'S BOARD OF TRUSTEES, WITH THE 
TRUST FUND GOVERNED BY TRUSTEES REPRESENTING THESE INTERESTS, 
AND TO EXPRESS THE INTENT OF THE GENERAL ASSEMBLY TO ESTABLISH 
A SEPARATE TRUST FUND TO RECEIVE AND DISTRIBUTE TWENTY-FIVE 
PERCENT OF THE TOBACCO LITIGATION MASTER SETTLEMENT 
AGREEMENT FUNDS FOR THE BENEFIT OF HEALTH, WITH THE TRUST FUND 
GOVERNED BY A BOARD OF TRUSTEES COMPRISED OF A BROAD 
REPRESENTATION OF HEALTH INTERESTS. (Became law upon approval of the 
Governor, March 16, 1999 - S.L. 1999-2.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Kinnaird for the State and Local Government Committee: 

H.B. 31, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
SHELBY TO CONVEY CERTAIN DESCRIBED PROPERTY BY PRIVATE SALE TO 
THE COUNCIL ON THE AGING OF CLEVELAND COUNTY, NORTH CAROLINA, 
INC., with a favorable report. 

H.B. 37, A BILL TO BE ENTITLED AN ACT REQUIRING THE CONSENT OF 
LENOIR AND WAYNE COUNTIES BEFORE LAND IN THOSE COUNTIES MAY 
BE CONDEMNED OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT 
OUTSIDE THOSE COUNTIES, with a favorable report. 

H.B. 68 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO PROVIDE 
FOUR-YEAR TERMS FOR THE MAYOR AND ALDERMEN OF THE TOWN OF 
CHINA GROVE, with a favorable report. 

H.B. 129, A BILL TO BE ENTITLED AN ACT TO PERMIT THE CITY OF 
March 17, 1999 



1 999] SENATE JOURNAL 1 7 1 

BREVARD TO CONVEY CERTAIN PARCELS OF REAL PROPERTY TO PRIVATE 
LANDOWNERS IN EXCHANGE FOR PUBLIC RIGHTS-OF-WAY, with a favorable 
report. 

S.B. 184, A BILL TO BE ENTITLED AN ACT TO REDUCE THE PISTOL PERMIT 
FEE IN PITT COUNTY FROM TWENTY DOLLARS TO FIVE DOLLARS, with a 
favorable report. 

Upon motion of Senator Kinnaird, the bill is re-referred to the Finance Committee. 

S.B. 299, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FORCE 
ACCOUNT LIMIT FOR CABARRUS COUNTY AND THE CITY OF CONCORD, with 
a favorable report. 

S.B. 300, A BILL TO BE ENTITLED AN ACT REPEALING THE TOWN OF 
CALABASH'S LIMITATIONS ON THE HEIGHT OF BUILDINGS, EXTENDING THE 
TOWN'S EXTRATERRITORIAL JURISDICTION, INCREASING THE NUMBER OF 
TOWN COMMISSIONERS, AND STAGGERING THE COMMISSIONERS* TERMS, 
with a favorable report. 

By Senator Dalton for the Education/Higher Education Committee: 

S.B. 225, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING CERTIFICATION OF ASSISTANT PRINCIPALS, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2597, which changes 
the title to read S.B. 225 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AMEND THE LAW REGARDING CERTIFICATION AND EMPLOYMENT OF 
ASSISTANT PRINCIPALS, is adopted and engrossed. 

By Senator Lee for the Education/Higher Education Committee: 

S.B. 56, A BILL TO BE ENTITLED AN ACT TO REPEAL THE SUNSET 
REGARDING THE AUTHORITY OF LOCAL GOVERNMENTAL UNITS TO ENTER 
INTO GUARANTEED ENERGY SAVINGS CONTRACTS FOR LOCAL PUBLIC 
FACILITIES AND TO EXTEND THE CURRENT MAXIMUM DURATION OF 
THESE CONTRACTS, with a favorable report. 

By Senator Lucas for the Children & Human Resources Committee: 

S.B. 182, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE DOMESTIC 
VIOLENCE COMMISSION AND TO APPROPRIATE FUNDS FOR THAT PURPOSE, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3626 is adopted and 
engrossed. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations/Base Budget Committee. 
■ 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

March 17, 1999 



172 SENATE JOURNAL [Session 

By Senator Miller: 

S.B. 393, A BILL TO BE ENTITLED AN ACT TO AMEND THE RULES OF CIVIL 
PROCEDURE TO REQUIRE BRIEFS AND MEMORANDA IN SUPPORT OF 
DISPOSITIVE MOTIONS TO BE SERVED UPON ALL PARTIES AND TO REQUIRE 
WRITTEN MOTIONS TO STATE THE GROUNDS FOR THE MOTION WITH 
PARTICULARITY. 

Referred to Judiciary II Committee. 

By Senator Hartsell: 

S.B. 394, A BILL TO BE ENTITLED AN ACT TO ALLOW PREMIUMS FOR 
AUTOMOBILE AND PROPERTY AND CASUALTY INSURANCE COVERAGE TO 
BE PAID BY CREDIT CARD. 

Referred to Insurance Committee. 

By Senator Hartsell: 

S.B. 395, A BILL TO BE ENTITLED AN ACT RELATING TO CABARRUS 
COUNTY AND THE MUNICIPALITIES LOCATED WHOLLY OR PARTIALLY 
WITHIN THE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hartsell: 

S.B. 396, A BILL TO BE ENTITLED AN ACT RELATING TO CABARRUS 
COUNTY AND THE MUNICIPALITIES LOCATED WHOLLY OR PARTIALLY 
WITHIN THE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hartsell: 

S.B. 397, A BILL TO BE ENTITLED AN ACT RELATING TO CABARRUS 
COUNTY AND THE MUNICIPALITIES LOCATED WHOLLY OR PARTIALLY 
WITHIN THE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Shaw of Guilford, Carrington and Hagan: 

S.B. 398, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
GREENSBORO TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE 
OF A TRAFFIC VIOLATION. 

Referred to Judiciary II Committee. 

By Senators Jordan, Ballance, Dannelly, Gulley, Lucas and Martin of Guilford: 

S.B. 399, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE JUVENILE 

JUSTICE INSTITUTE AT NORTH CAROLINA CENTRAL UNIVERSITY AND TO 

APPROPRIATE FUNDS TO HELP SUPPORT THE INSTITUTE. 
Referred to Appropriations/Base Budget Committee. 

By Senators Jordan and Albertson: 

S.B. 400, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE 
FEASIBILITY OF CREATING A STATE WIDE "211" HUMAN SERVICE 
INFORMATION AND VOLUNTEERISM HOT LINE SYSTEM. 

Referred to Appropriations/Base Budget Committee. 

March 17, 1999 



1 999] SENATE JOURNAL 1 73 

By Senators Jordan and Albertson: 

S.B. 401, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASSIST IN THE STABILIZATION AND RENOVATION OF THE ONSLOW 
COUNTY SUPERIOR COURTHOUSE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Robinson: 

S.B. 402, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
HAYWOOD COUNTY FOR CAPITAL IMPROVEMENTS TO THE HAYWOOD 
COUNTY AGRICULTURAL/ACTIVITIES CENTER. 

Referred to Appropriations/Base Budget Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 269, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO MAKE ADDITIONAL VOLUNTARY SATELLITE 
ANNEXATIONS IF CERTAIN CRITERIA ARE MET, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, 
Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Soles, Warren, and Wellons — 48. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 270 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE TOWN OF HUNTERSVILLE TO PROVIDE FOR VOLUNTARY 
ANNEXATION OF PROPERTY SUBJECT TO PRESENT-USE VALUE APPRAISAL, 
upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, 
Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Soles, Warren, and Wellons — 48. 

Voting in the negative: None. 

The Committee Substitute bill is ordered engrossed and sent to the House of 
Representatives. 

S.B. 310, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE TIME 
FOR GIVING NOTICE OF APPEAL IN CASES OF TERMINATION OF PARENTAL 
RIGHTS AND EMANCIPATION AND IN HEARINGS TO TRANSFER A JUVENILE 
TO SUPERIOR COURT SHALL BE TEN DAYS AFTER ENTRY OF THE ORDER 
RATHER THAN TEN DAYS AFTER THE DATE OF THE HEARING. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

March 17, 1999 



174 SENATE JOURNAL [Session 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Joshua Bellamy, Apex; Brandy Wray Brooks, Roxboro; Cassie Bryson, Gastonia; 
Chaz D. Curtis, Raleigh; Kristin B. Dickerson, Monroe; Amanda Michelle Earnhardt, 
Albemarle; Marisa Nicole Gilmore, Cary; Mary Elizabeth Glover, Seaboard; Sarah Nell 
Glover, Seaboard; Melissa Renee' Gwalthney, Raleigh; Valerie Carol Hoy, Raleigh; 
William Andrew Lane, Roanoke Rapids; Claire K. Lodge, Gastonia; Syreeta Jasmine 
Motley, Raleigh; Jodi D. Sadowsky, Raleigh; and LaSaundra Renee Watkins, 
New London. 

ADDITIONAL SPONSORS 

Senator Robinson requests to be added as a sponsor of previously introduced 
legislation: 

S.B. 242, A BILL TO BE ENTITLED AN ACT TO PROVIDE COST-OF-LIVING 
INCREASES FOR MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' 
RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT 
SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND THE LOCAL 
GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM. 

Senator Harris requests to be added as a sponsor of previously introduced legislation: 

S.B. 349, A BILL TO BE ENTITLED AN ACT TO BAN PARTIAL-BIRTH 
ABORTIONS. 

Upon motion of Senator Basnight, seconded by Senator Ballantine, the Senate 
adjourns at 4:37 P.M. to meet tomorrow, Thursday, March 18, at 1 1 :00 A.M. 



THIRTIETH DAY 

Senate Chamber 
Thursday, March 18, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of mercy, You challenged Jonah when he doubted Your compassion for the 
troubles of urban life saying, 'Shall I not have pity upon Ninevah that great city?' 

"Our cities clamor for a word of compassion from You. They press in on each other, a 
patchwork of glamour and squalor, bright lights and dark alleys, hygienic wonders of glass 
and steel and crumbling shells of mildew and rats. There are throngs of people in the 
malls and stadiums, but there is loneliness in their midst. 

"We pray Your blessing on the human needs which are so readily concealed behind 
the masks of well being we fashion for our cities. Look with mercy upon their poverty as 
well as their abundance, for we make our prayer in Your Holy Name, Amen." 

March 18, 1999 



1 999] SENATE JOURNAL 1 75 

With unanimous consent, the President grants leaves of absence for today to Senator 
Ballance, Senator Garwood, Senator Odom, Senator Webster, and Senator Weinstein. 

Senator Rand, Chairman of the Rules and Operations of the Senate Committee, 
announces the Journal of yesterday, Wednesday, March 17, has been examined and is 
found to be correct. Upon his motion, the Senate dispenses with the reading of the Journal 
and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Alan Daniel Kritz 
from Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, and to 
Sharon Dowless from Dublin, North Carolina, who is serving the Senate as Nurse of the 
Day. 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Lee for the Education/Higher Education Committee: 

S.B. 19, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A 
SCHOLARSHIP STUDENT WHO ATTENDS A CONSTITUENT INSTITUTION OF 
THE UNIVERSITY OF NORTH CAROLINA SHALL BE TREATED AS A NORTH 
CAROLINA RESIDENT FOR ALL PURPOSES AND TO PROVIDE THAT A 
MEMBER OF THE MILITARY WHO ATTENDS A CONSTITUENT INSTITUTION 
OF THE UNIVERSITY OF NORTH CAROLINA OR A COMMUNITY COLLEGE 
SHALL ONLY BE CHARGED THE IN-STATE TUITION RATE, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7556, which changes 
the title to read S.B. 19 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE THAT A SCHOLARSHIP STUDENT WHO ATTENDS A CONSTITUENT 
INSTITUTION OF THE UNIVERSITY OF NORTH CAROLINA SHALL BE DEEMED 
TO HAVE MADE FULL PAYMENT OF TUITION COSTS BY REMITTING THE IN- 
STATE TUITION AMOUNT AND TO PROVIDE THAT A MEMBER OF THE 
MILITARY ABIDING IN NORTH CAROLINA WHO ATTENDS A CONSTITUENT 
INSTITUTION OF THE UNIVERSITY OF NORTH CAROLINA OR A COMMUNITY 
COLLEGE SHALL ONLY BE CHARGED THE IN-STATE TUITION RATE, is 
adopted an engrossed. 

Upon motion of Senator Lee, the Committee Substitute bill is re-referred to the 
Appropriations/Base Budget Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 56, A BILL TO BE ENTITLED AN ACT TO REPEAL THE SUNSET 
REGARDING THE AUTHORITY OF LOCAL GOVERNMENTAL UNITS TO ENTER 
INTO GUARANTEED ENERGY SAVINGS CONTRACTS FOR LOCAL PUBLIC 
FACILITIES AND TO EXTEND THE CURRENT MAXIMUM DURATION OF 
THESE CONTRACTS. 

With unanimous consent, upon motion of Senator Kerr, the bill is withdrawn from 
today's Calendar and is re-referred to the Finance Committee. 

March 18, 1999 



176 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 50, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
FAYETTEVILLE TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE 
EVIDENCE OF A TRAFFIC VIOLATION. 

Referred to Judiciary I Committee. 

H.B. 201, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
RELATING TO THE APPOINTMENT OF SUCCESSOR TRUSTEES TO CONFORM 
TO THE RULES OF CIVIL PROCEDURE AND TO UPDATE STATUTORY 
LANGUAGE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary II Committee. 

H.B. 238 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REMOVE THE SUNSET FROM LAWS ENCOURAGING THE PURCHASE OF 
COMMODITIES AND SERVICES OFFERED BY BLIND AND BY SEVERELY 
DISABLED PERSONS. 

Referred to Children & Human Resources Committee. 

CALENDAR (Continued) 

S.B. 299, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FORCE 
ACCOUNT LIMIT FOR CABARRUS COUNTY AND THE CITY OF CONCORD. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 300, A BILL TO BE ENTITLED AN ACT REPEALING THE TOWN OF 
CALABASH'S LIMITATIONS ON THE HEIGHT OF BUILDINGS, EXTENDING THE 
TOWN'S EXTRATERRITORIAL JURISDICTION, INCREASING THE NUMBER OF 
TOWN COMMISSIONERS, AND STAGGERING THE COMMISSIONERS' TERMS. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 31, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
SHELBY TO CONVEY CERTAIN DESCRIBED PROPERTY BY PRIVATE SALE TO 
THE COUNCIL ON THE AGING OF CLEVELAND COUNTY, NORTH CAROLINA, 
INC. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 37, A BILL TO BE ENTITLED AN ACT REQUIRING THE CONSENT OF 
LENOIR AND WAYNE COUNTIES BEFORE LAND IN THOSE COUNTIES MAY 
BE CONDEMNED OR ACQUIRED BY A UNIT OF LOCAL GOVERNMENT 
OUTSIDE THOSE COUNTIES. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 68 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOUR- YEAR TERMS FOR THE MAYOR AND ALDERMEN OF THE 
TOWN OF CHINA GROVE. 

March 18, 1999 



1 999] SENATE JOURNAL 1 77 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H.B. 129, A BILL TO BE ENTITLED AN ACT TO PERMIT THE CITY OF 
BREVARD TO CONVEY CERTAIN PARCELS OF REAL PROPERTY TO PRIVATE 
LANDOWNERS IN EXCHANGE FOR PUBLIC RIGHTS-OF-WAY. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 225 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW REGARDING CERTIFICATION OF ASSISTANT PRINCIPALS. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives. 

Upon motion of Senator Basnight, seconded by Senator Perdue, the Senate adjourns 
subject to introduction of bills, to meet Monday, March 22, at 7:00 P.M. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Gulley, Albertson, Allran, Ballance, Basnight, Carpenter, Carter, 
Clodfelter, Cochrane, Cooper, Dalton, Forrester, Foxx, Garrou, Garwood, Hagan, Harris, 
Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, 
Metcalf, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Robinson, Rucho, Shaw of 
Guilford, Soles, Warren, Weinstein and Wellons: 

S.J.R. 403, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
TERRY SANFORD, ONE OF NORTH CAROLINA'S MOST DISTINGUISHED 
CITIZENS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Reeves: 

S.B. 404, A BILL TO BE ENTITLED AN ACT RELATING TO THE 14TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Reeves: 

S.B. 405, A BILL TO BE ENTITLED AN ACT RELATING TO THE 14TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Reeves: 

S.B. 406, A BILL TO BE ENTITLED AN ACT RELATING TO THE 14TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Reeves: 

S.B. 407, A BILL TO BE ENTITLED AN ACT RELATING TO THE 14TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Reeves and Miller: 

March 18, 1999 



178 SENATE JOURNAL [Session 

S.B. 408, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
CONTINUE THE DANGEROUS OFFENDER TASK FORCE IN WAKE COUNTY. 
Referred to Appropriations/Base Budget Committee. 

By Senators Horton, Allran, Ballantine, Carpenter, Carrington, Cochrane, East, 
Forrester, Foxx, Garwood, Hartsell, Moore, Rucho and Shaw of Guilford: 

S.B. 409, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION 
OF NORTH CAROLINA TO ESTABLISH AN INDEPENDENT REDISTRICTING 
COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Warren: 

S.B. 410, A BILL TO BE ENTITLED AN ACT RELATING TO THE 9TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Warren: 

S.B. 411, A BILL TO BE ENTITLED AN ACT RELATING TO THE 9TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Warren: 

S.B. 412, A BILL TO BE ENTITLED AN ACT RELATING TO THE 9TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Warren: 

S.B. 413, A BILL TO BE ENTITLED AN ACT RELATING TO THE 9TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird and Lee: 

S.B. 414, A BILL TO BE ENTITLED AN ACT TO CLOSE A LOOPHOLE IN THE 
MINIMUM HOUSING STANDARDS ACT AS IT APPLIES TO MUNICIPALITIES 
LOCATED IN COUNTIES WITH POPULATIONS IN EXCESS OF FIFTY-EIGHT 
THOUSAND PEOPLE BY THE LAST CENSUS WHERE THE OWNER CAN AVOID 
ORDERS TO REPAIR, REMOVE, OR DEMOLISH A RENTAL UNIT BY SIMPLY 
CLOSING IT. 

Referred to Judiciary II Committee. 

By Senators Kinnaird, Ballance, Carter, Dalton, Foxx, Garrou, Hagan, Harris, Lucas, 
Metcalf and Weinstein: 

S.B. 415, A BILL TO BE ENTITLED AN ACT TO EXEMPT NONPROFIT CHILD 
CARE CENTERS FROM PROPERTY TAX. 

Referred to Finance Committee. 

By Senators Foxx, Ballance, Basnight, Carrington, Carter, Clodfelter, 
Cochrane, Dalton, East, Forrester, Garrou, Garwood, Hagan, Harris, Hartsell, Horton, 
Hoyle, Kinnaird, Lucas, Metcalf, Miller, Moore, Odom, Phillips, Plyler, Purcell, 
Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, Warren, 
Weinstein and Wellons: 

March 18, 1999 



1 999] SENATE JOURNAL 1 79 

S.J.R. 416, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
SAMUEL ASHE FOR WHOM ASHE COUNTY IS NAMED UPON THE COUNTY'S 
BICENTENNIAL CELEBRATION. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Carter, Ballance, Clodfelter, Dalton, Dannelly, Garrou, Hagan, Lucas, 
Metcalf, Odom, Plyler, Purcell, Soles, Weinstein and Wellons: 

S.B. 417, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE USE OF 
LETTERS OF CREDIT FROM A FEDERAL HOME LOAN BANK AS COLLATERAL 
FOR DEPOSITS OF LOCAL GOVERNMENTS AND PUBLIC AUTHORITIES. 

Referred to Commerce Committee. 

By Senator Soles: 

S.B. 418, A BILL TO BE ENTITLED AN ACT TO ALLOW THE TOWN OF 
CHADBOURN TO COLLECT UTILITY BILLS AS IF THEY WERE TAXES DUE 
THE TOWN. 

Referred to Finance Committee. 

By Senators Hoyle, Allran, Ballantine, Carpenter, Carter, Cochrane, Dalton, Dannelly, 
Forrester, Foxx, Garwood, Gulley, Hagan, Horton, Kerr, Lee, Martin of Pitt, Metcalf, 
Miller, Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, 
Soles, Warren and Wellons: 

S.B. 419, A BILL TO BE ENTITLED AN ACT TO CLARIFY MOTOR VEHICLE 
DEALER TRANSFER RIGHTS. 

Referred to Commerce Committee. 

By Senators Hoyle, Allran, Ballantine, Carpenter, Carter, Cochrane, Dalton, Dannelly, 
Forrester, Foxx, Garwood, Gulley, Hagan, Horton, Kerr, Lee, Martin of Pitt, Metcalf, 
Miller, Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, 
Shaw of Cumberland, Soles, Warren and Wellons: 

S.B. 420, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEALERS AND 
MANUFACTURERS LICENSING LAW. 

Referred to Commerce Committee. 

By Senator Harris: 

S.B. 421, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
NORTH CAROLINA VETERANS ARCHIVES CENTER TO PURCHASE LAND FOR 
AND DEVELOP A VETERANS ARCHIVES CENTER IN THE TOWN OF DUNN. 

Referred to Appropriations/Base Budget Committee. 

• 
By Senator Harris: 

S.B. 422, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE TOWN OF ERWIN TO DEVELOP A TEXTILE MUSEUM. 
Referred to Appropriations/Base Budget Committee. 

By Senator Harris: 

S.B. 423, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
REPAIR AND RENOVATE THE GENERAL WILLIAM C. LEE MUSEUM IN 
HARNETT COUNTY. 

Referred to Appropriations/Base Budget Committee. 

March 18, 1999 



180 SENATE JOURNAL [Session 

By Senator Harris: 

S.B. 424, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE AVERASBORO BATTLEFIELD COMMISSION. 
Referred to Appropriations/Base Budget Committee. 

By Senator Clodfelter: 

S.B. 425, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A LAW 
ENFORCEMENT OFFICER MAY ARREST A PERSON ON PRIVATE PREMISES OR 
IN A VEHICLE IN ACCORDANCE WITH STATE LAW WITH A COPY OF THE 
ORIGINAL ARREST WARRANT OR ORDER. 

Referred to Judiciary I Committee. 

By Senator Clodfelter: 

S.B. 426, A BILL TO BE ENTITLED AN ACT TO LIMIT THE RIGHT OF 
SHAREHOLDERS OF SECURITIES DESIGNATED AS NATIONAL MARKET 
SYSTEM SECURITIES TO DISSENT FROM, OR OBTAIN PAYMENT AS A 
RESULT OF, CERTAIN CORPORATE ACTIONS AND TO MAKE OTHER 
CLARIFYING CHANGES TO THE LAW GOVERNING DISSENTERS' RIGHTS. 

Referred to Judiciary I Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 11:19 A.M. 



THIRTY-FIRST DAY 

Senate Chamber 
Monday, March 22, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of new life, how we have been waiting for a sign of hope from You. A sign in 
the blooming trees that You have not forgotten spring. A sign in our troubled hearts that 
You have not forgotten that our wintery spirits long for the warm caress of Your Love. 
With the coming of the spring equinox, the days are finally growing longer, daylight, it 
seems, is winning the battle over darkness. Pour out Your new light into the shadowy 
recesses of our souls. 

"But perhaps we are not quite ready for that awakening. Perhaps we are not ready for 
the blooming of spring in our heart of hearts. How shall the promise of spring be born in 
us if we refuse to let go of winter, if we refuse to give up our cold resentments, our stormy 
betrayals, our brittle disappointments, and our barren hope. 

"Speak to us the words that have the power to free us from our bondage, to bring us 
from despair to hope, and from death to life. Fill us this day with newness of life and with 
the warmth and peace of Your Divine Spirit, for we make our prayer in Your Holy Name, 
Amen." 

With unanimous consent, the President Pro Tempore grants leaves of absence for 
March 22, 1999 



1 999] SENATE JOURNAL 1 8 1 

tonight to Senator Foxx, Senator Soles, and Senator Webster. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of Thursday, 
March 18, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore of the Senate extends courtesies of the floor to 
Dr. Richard D. Adelman from Raleigh, North Carolina, who is serving the Senate 
as Doctor of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Miller for the Judiciary II Committee: 

S.B. 291, A BILL TO BE ENTITLED AN ACT TO PROVIDE CRIMINAL 
PENALTIES FOR FRAUDULENT MISREPRESENTATION INVOLVING CHILD 
CARE SUBSIDIES AND TO PROVIDE COUNTIES A FINANCIAL INCENTIVE TO 
INVESTIGATE AND PURSUE FRAUD IN CHILD CARE PAYMENTS, with a 
favorable report. 

Upon motion of Senator Miller, the bill is re-referred to the Appropriations/Base 
Budget Committee. 

By Senator Kinnaird for the State and Local Government Committee: 

H.B. 145 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE A SPECIAL ELECTION FOR A VACANCY ON THE EDGECOMBE 
COUNTY BOARD OF EDUCATION AND TO PROVIDE THAT FUTURE 
VACANCIES ON THE BOARD SHALL BE FILLED ONLY UNTIL THE NEXT 
REGULARLY SCHEDULED ELECTION FOR THE BOARD RATHER THAN FOR 
THE REMAINDER OF THE TERM, with an unfavorable report as to Committee 
Substitute bill, but favorable as to Senate Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Senate Committee Substitute bill 2127 is adopted 
and engrossed. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills duly ratified, properly enrolled and 
presented to the Office of the Secretary of State: 

H.B. 31, AN ACT TO AUTHORIZE THE CITY OF SHELBY TO CONVEY 
CERTAIN DESCRIBED PROPERTY BY PRIVATE SALE TO THE COUNCIL ON 
THE AGING OF CLEVELAND COUNTY, NORTH CAROLINA, INC. 

H.B. 37, AN ACT REQUIRING THE CONSENT OF LENOIR AND WAYNE 
COUNTIES BEFORE LAND IN THOSE COUNTIES MAY BE CONDEMNED OR 
ACQUIRED BY A UNIT OF LOCAL GOVERNMENT OUTSIDE THOSE COUNTIES. 

H.B. 68, AN ACT TO PROVIDE FOUR- YEAR TERMS FOR THE MAYOR AND 
ALDERMEN OF THE TOWN OF CHINA GROVE. 

March 22, 1999 



182 SENATE JOURNAL [Session 

H.B. 129, AN ACT TO PERMIT THE CITY OF BREVARD TO CONVEY 
CERTAIN PARCELS OF REAL PROPERTY TO PRIVATE LANDOWNERS IN 
EXCHANGE FOR PUBLIC RIGHTS-OF-WAY. 

CHAPTERED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, assigned the 
following Chapter Numbers, and presented to the Office of the Secretary of State: 

S.B. 23, AN ACT TO CLARIFY THE LAW REGULATING MASS GATHERINGS. 
(Became law upon approval of the Governor, March 18, 1999 - S.L. 1999-3.) 

S.B. 26, AN ACT TO REPEAL THE PROHIBITION ON REIMBURSEMENT FOR 
SERVICES PROVIDED BY SCHOOL-BASED HEALTH CLINICS UNDER THE 
CHILDREN'S HEALTH INSURANCE PROGRAM. (Became law upon approval of the 
Governor, March 18, 1999 -S.L. 1999-4.) 

WITHDRAWAL FROM CALENDAR 

S.B. 128 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW CONCERNING INTEREST ON MONEY JUDGMENTS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION, placed on the 
Calendar for Tuesday, March 23. 

Senator Cooper offers a motion that the bill be withdrawn from the Calendar for 
Tuesday, March 23, and placed on the Calendar for Tuesday, March 30, which motion 
prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Calendar for Tuesday, March 23 and 
places it on the Calendar for Tuesday, March 30. 

COMMITTEE REFERRAL RECALL 

S.J.R. 403, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
TERRY SANFORD, ONE OF NORTH CAROLINA'S MOST DISTINGUISHED 
CITIZENS referred to the Rules and Operations of the Senate Committee on March 18. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the joint resolution be 
withdrawn from the Rules and Operations of the Senate Committee and placed before 
the Senate for immediate consideration, which motion prevails with unanimous consent. 

With unanimous consent, upon motion of Senator Rand, the joint resolution is read in 
its entirety, and upon motion of Senator Metcalf, the remarks of the Senators 
memorializing the life and memory of Terry Sanford, former North Carolina Senator, 
former United States Senator, and former Governor of North Carolina, are spread upon the 
Journal, as follows: 

Senator Gulley: 

"Thank you, Mr. President. Ladies and gentlemen, colleagues, I am truly at a loss for 
words. I'm not sure how we adequately honor Terry Sanford, what are the right words to 
use. I do remember from my first meetings with him as an undergraduate at Duke 
University a few years ago, that I have never been so captivated by someone's personality, 
by their, the gleam in their eye, by their direct but compelling way with words as I was 
with President Sanford, at that time. I went in to talk to him about how some of us were 
becoming serious about developing an anti-war movement at Duke. We had come 
through a very difficult time the previous few years with the administration. I had no idea 

March 22, 1999 



1 999] SENATE JOURNAL 1 83 

what to expect, and Terry Sanford said, 'That's a good idea. Let's work together, let me 
help you.' And it was something that I never expected, but something that meant a great 
deal. He taught us, even then in college, how to find productive ways to change the world 
around us, and he showed us by example that you could trust somebody over thirty. 

"I remember Mayor Nick Tennyson of Durham's favorite story. He graduated a 
couple of years later and saw then Senator Sanford some years later and mentioned that to 
him and that he was a little worried about getting his degree and so forth, and Terry was 
wonderful. He looked at him and smiled and said, 'Oh, I remember that one. I did have to 
hesitate for a moment and think about that one some.' 

"With a directness and courage, we know that Terry Sanford loved the State of North 
Carolina, away from the divisiveness of racial politics in the early 1960's that was so 
endemic, leading us and encouraging us as a State down the path towards brotherhood. 
He was a legendary political leader who somehow found the time to nurture and develop 
personal relationships with what I thought were dozens but now I think are hundreds of 
young people in this State, aspiring them as both a role model and an example of political 
leadership. We know that he was a lawyer, as you've heard. He was a paratrooper, a 
member of the Chamber, an FBI agent, the author of three books, a Governor, a University 
President, and finally a United States Senator. You wonder how one person could get all 
that into one lifetime, but he was tireless, he was creative, he was wise, and he had a 
wonderful sense of humor. But most of all, I think for so many of us he was a hero in the 
authentic and best sense of that word, representing the finest that political leadership could 
be. 

"I was acutely reminded of this aspect of Terry Sanford, his leadership by a recent 
column in a local newspaper written by Quinton Lindsey. And he asked the following 
question and I made one small edit to it to ensure that the point was made in non-partisan 
fashion, but he said in his column, 'Where have all the Terry Sanford type leaders gone? 
Those fifty-one percent types who, when the needs are evident, and the ways are feasible, 
lead with imaginative programs, anyway, even though the going is tough and risky, and 
there's only a little better than an even chance of success.' I hope that every member of 
this Senate and political leaders from across North Carolina for years to come will 
celebrate and be inspired by the life and example of Terry Sanford, and I commend this 
resolution to you. Thank you, Mr. President." 

Senator Lucas: 

"Thank you, Mr. President. Members of the Senate, it gives me great pleasure to stand 
and speak on the resolution honoring the life and memory of Terry Sanford. There's an 
expression that says, 'The direction in which education starts a man will determine his 
future life.' Terry Sanford was educated in how to be faithful to himself, and then how to 
be faithful to others. He had a magnificent relationship with the diverse population, and 
you recall how instrumental he was in encouraging Attorney Dan Blue as a young lawyer. 
Terry shared his experiences with those of us who were entering the political world early, 
and who needed to lean on his shoulder for direction. Wib, I recall that the last time I had 
an opportunity to talk with him was at the benefit that was held for you, and the one thing 
I remember, as he encouraged the two of us, was that he always said, 'Don't just aim, aim, 
and aim, but have an action to fire,' which means that that great leader was encouraging, 
was inspiring, was motivating. And so tonight, it gives me great pleasure to ask that you 
vote on this resolution positively." 

Senator Rand: 

"Thank you,. Mr. President. Ladies and gentlemen of the Senate, while my friends 
from Durham are laying claim to Terry Sanford, it was really from southeastern North 
Carolina that he came. He was a native of Laurinburg, and when he completed his service 

March 22, 1999 



1 84 SENATE JOURNAL [Session 

in the military and finished law school, he came back to Cumberland County to practice 
law, and he practiced law with Charles Rose there for some years, and then went to the 
firm he helped found, McCoy, Weaver, it was Sanford, McCoy and Weaver, I believe 
when it started. It is now, the firm is still one of the largest and best firms in Fayetteville 
that he helped start. I remember in 1960 when I was trying to make enough good grades 
in political science to pull up those grades in French and math so I could graduate, that I 
wrote one paper on the 1960 Gubernatorial Election, and it was mainly about Terry 
Sanford, and what he meant to the future of North Carolina, and I still remember that 
campaign so clearly because I think it did determine what North Carolina would become, 
and Terry Sanford, because of the type person he was, and because of the vision that he 
had, I think made us a great deal of what we are. And so those of us from Cumberland 
County have great affection and a high regard for Terry Sanford. He was a man of great 
good humor, oh he was a funny fellow, and I've heard Charles Rose talk about him at long 
length, and this is Charles Rose the elder, not the former Congressman, and I've heard him 
talk about him, too, time and time and time again. They both had great affection for him 
and great respect for his ability and his humanity. It's hard for me to say anything good, 
Mr. President, as you know about a Duke man, but I, in this instance, I can do it because 
he got his education at Chapel Hill. So that's probably why Duke's getting along as well 
as they are tonight. But I think if we reflect upon what Senator Sanford meant to us and 
what he meant to the school children of North Carolina, it's impossible for us to 
exaggerate his accomplishments, the things he did in 1960-64 to put our public schools on 
a firm foundation, the kind of stands he took for equality in North Carolina, and just his 
vision and foresight in making us so much better than we thought we were, I think will be 
the greatest accomplishments certainly in my lifetime. I'm glad that I knew him. I'm glad 
he was with us for as long as he was, Mr. President, and I'm glad that North Carolina is 
the kind of place it is today because of him. Thank you." 

Senator Odom: 

"Thank you. I have a unique perspective of Terry Sanford that no one else in this 
Chamber has, and I'm glad that I've had that being from Charlotte-Mecklenburg, but I'm 
one of the few people that ever ran against him for public office. And since I'm here, you 
know that I lost that 1986 primary to him. We understood he was not going to run so 
several of us decided I would run, and when at the last minute he got in, everybody with 
any sense got out except me. And so, as a result of a number of months during that 
Democratic primary, our paths crossed many, many times and I grew to fully appreciate 
the stature of a man such as Terry Sanford. And in 1992, it was a pleasure to work very, 
very hard and the people in Charlotte-Mecklenburg did their best to return him to the 
United States Senate, but that was not the will of the people. And I want to relate very 
briefly one moment that I, my wife and I will always remember because shortly after that 
campaign for some reason Terry Sanford was in Charlotte, and we wound up driving him 
back to Durham that night, and that was a three hour drive that Jane and I have 
remembered a number of times. It's one that we cherish. He was a great storyteller. He 
had great insight, and to just be in his presence to listen to him talk about not just the past, 
but he could always talk about the future. North Carolina lost a great man upon the death 
of Terry Sanford." 

Senator Pureed: 

"Mr. President, it's a special honor for me to speak in support of this motion, this bill 
honoring Terry Sanford. His home was four blocks from where I grew up, and I first 
remember Terry Sanford back in the late 1930's when he, during the, was still in the 
throws of the depression, and he and my brother Archie had a fresh air camp, they called 
it, for underprivileged children at a lake in Scotland County. So even back in those days 

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1 999] SENATE JOURNAL 1 85 

he was thinking about other people. Terry, you really can't talk about Terry without 
talking about his mother, Mrs. Betsy Sanford, who was a long time school teacher in 
Laurinburg. I had the privilege of being in her civics class and I probably learned more 
about state government and all then than, than I did in the years since then except since 
being in here, I think I've picked up a few things she didn't tell me about, but, but Ms. 
Sanford was still driving a car at 96 or 97 years old, and everybody in town would get out 
of the way when they saw Ms. Betsy coming and somebody got the word to Terry about 
that, so he came down one weekend and told her that she couldn't drive anymore, and that 
it was too dangerous, and took her car, so on Monday morning Ms. Sanford went down 
and bought a new car. But Terry in his education attended Presbyterian Junior College 
which is in Maxton and they were having a oral exam in Bible at this college, and Dr. 
Lewis Lamont was the teacher. One of his, Terry and one of his friends got together and 
the friend asked Terry what could he expect on the exam the next day, and Terry said well 
Dr. Lamont always asks about the journeys of Paul, so I think that's what we need to study 
and we'll be in good shape and should do well on the exam. Well, the next morning Dr. 
Lamont called on Terry's friend and asked him to describe the importance of Abraham 
and Isaac and the, the history of our Christian religion. Well his friend said, 'Well, Dr. 
Lamont, I just don't know anything about that.' So Dr. Lamont asked Terry about that 
and Terry said, 'Well, Dr. Lamont the, Abraham and Isaac played a major role in the 
history of the Christian religion but I would rather spend our time talking about the 
journeys of Paul,' and proceeded to describe Paul's journeys and ended up making a 
hundred on the oral exam. It's a special honor for me to speak and help and to recognize 
one of North Carolina's outstanding leaders and a person who's meant so much to so 
many of us." 

Senator Allran: 

"Thank you, Mr. President. Ladies and gentlemen of the Senate, Terry Sanford is a 
towering figure in North Carolina history, and his funeral, as you know, was at the Duke 
Chapel about a year ago, and because the Chapel is modeled after Canterbury Cathedral 
and because it reminds me on the inside of Westminster Abbey, I felt like I was at a state 
funeral or a royal one. And for those of you who were there, you know what I mean. 
After it was over, I spoke briefly with Jim Martin out in front of the Chapel and Jesse 
Helms who was there walking with a cane. And during the service, everyone who 
eulogized Terry Sanford did a good job, but my favorite was Dan Blue. And the reason 
for that, I think, is mostly because he came across as so sincere and also because he was a 
student at Duke and was close to Sanford because of that and he had been so influenced by 
the man he was eulogizing. As I sat there listening to the former Speaker of the House 
reminisce of his law school days with President Sanford, I thought back on the first time I 
ever met Terry Sanford. And it was on a ski slope at Hound Ears up in the mountains. I 
was in high school and my parents, along with the Sanfords and a few other people were 
some of the earliest people up there to build homes, and Mr. Sanford's house and 
Margaret Rose's house was a little higher up the hill than my family's was. I remember 
how cordial and gracious the former governor was to me, and as a teenager that was 
indelibly put on my memory I was so impressed by it. But of course, Terry Sanford did 
not stop with being a North Carolina Governor. He was a lot of things, and had many 
accomplishments. I share this, of course, with Senator Gulley. What I appreciate, what I 
appreciate most about Terry Sanford was what he did for my family alma mater at Duke, 
Senator Rand. Terry Sanford was President Sanford when I was there in the early 70 's, 
and he had been brought in to rescue Duke University. In the late 60's, Duke was at a 
crisis point. The campus was embroiled in political turmoil and dissention, and the 
trustees wanted a change, they wanted a new President, and Terry Sanford is the person 
they picked for that job. They wanted someone with strong leadership abilities, and he 

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186 SENATE JOURNAL [Session 

was not afraid of the student body. In fact, he really liked us. I remember visiting with 
him in his home there. He invited the students in to visit because he enjoyed our 
company. But even when student conduct was at its very most extreme worst, he never 
flinched. There's a well-known photograph of, of Terry Sanford, President Sanford, 
striding out on the main campus among the students in tear gas at Duke out in front of the 
front quad. In that photo, he is addressing the demonstrators with a megaphone, rather 
than relying solely on the police, he is trying to quiet that campus riot himself personally. 
That was the year the students took over the administration building, and, Senator Gulley, 
who is my elder, probably remembers that vividly. Actually, I didn't come until the next 
year. But, those were very polarized days. Students took politics extremely seriously 
back then. You were left winged or right winged. You were southern or you were 
northern. You were for the war effort or you were against it. You were bouswar or you 
were proletariat. And I now, that seems so far, it almost seems silly really, but that's the 
way it was back then and thank heaven that's a different era. In all of this, Terry Sanford, 
whom I had always thought of as a liberal, and who called himself one, became for me a 
hero of moderation. At Duke, back then, he was a moderate in presence of strong 
leadership, appreciated by all factions. The Trustees of the University might have been 
fascist pigs to the left wingers, and the students for a Democratic society might have been 
communists to the right wingers, but no one seemed to dislike Terry Sanford, and 
everyone respected him. In poli sci, we read his book, You Can 't Eat Magnolias. With 
time, history has credited him with helping to create the new Duke, the school that today 
ranks in the top five in nearly every category among national schools. And then I have to, 
can't resist saying has been known to play a pretty good basketball game, too. After 
Duke, after all of that, I went to Washington. I interned with my own Congressman, Jim 
Broyhill, who has really always been my mentor and the person I've admired the most in 
politics, probably, and later on, Terry Sanford, whom I admired for what he did at Duke as 
its President would be my favorite Congressman in the race for U.S. Senate. A few years 
ago, we had a legislative function at Treyburn Country Club, and there in front of the 
fireplace, I guess a number of y'all might have gone, I don't know, but I stood in front of 
the fireplace and looked at a portrait over the mantle and it was a portrait of Terry Sanford, 
and that struck me. I guess this is one of the things that a workaholic achiever does in his 
spare time, found country clubs. Last week I was talking with Walter Reagan of the 
research staff here at the General Assembly about a bill. Walter and I were in the same 
class at Duke and Terry Sanford came up in the conversation, this time in the context of 
when he ran for President of the United States and Walter talked about how he had worked 
on his staff as a student volunteer and had gotten to go to New Orleans to scrounge up 
delegates for him and things of that nature. It's for other people to know and remember all 
of the other many things this extraordinary individual accomplished in just one lifetime. 
But for me, a lifelong second generation republican, it is easy to appreciate, admire, and 
eulogize a lifelong democrat who was many things, but certainly one of the greatest 
presidents Duke University ever had, and one of North Carolina's most versatile and 
accomplished citizens. I urge your support of this resolution." 

Senator Lee: 

"Thank you, Mr. President, Members of the Senate. I considered Terry Sanford a 
friend, but more than that, I considered him a hero. While living in the State of Georgia 
in Savannah, I heard of this wonderful Governor in North Carolina who was leading the 
State to great heights, and we in Georgia looked wishfully at North Carolina with some 
envy. Little did I know. As a graduate student at UNC-Chapel Hill, I recall one of the 
great urges I had was to meet this great person known as Terry Sanford. And while I was 
a student he came to UNC to lecture one day and I excitedly went to meet this man and 
felt just really small in his presence as I listened to him express wisdom and thought and 

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1 999] SENATE JOURNAL 1 87 

foresight and talk of his visions not only for the State but for people in general. I was 
extremely inspired by Terry Sanford. And then I went on to run for and fortunately be 
elected Mayor of Chapel Hill. During those days, I maintained my relationship with him 
and consulted with him on several occasions. In 1972 when he decided to run for 
President, he asked me to join him, which I was delighted to do and on his behalf traveled 
throughout the south and the nation because I thought the nation needed Terry Sanford. 
And while he was not elected President, I believe his candidacy and his campaign 
impacted greatly the political landscape and his ideas were picked up by some who later 
became, at least one who later became President. There's one vivid memory I have 
having gone to South Carolina on a campaign trip and was put on a plane and sent back to 
North Carolina, and the pilot without knowing it, ran into a thunderstorm. And the plane, 
we thought was going to fall apart, and the next time I saw, we did land with some damage 
to the plane, next time I saw Terry I said, 'I just want you to know that you're so 
important to me that I would fly through a thunderstorm for you.' I had the good fortune 
of being at Duke, first as an academician and then as an administrator during the times that 
President Sanford presided at the institution. And our contact and friendship grew and 
remained. Shortly before his death when he was still very much lucid, I had Tom Drew 
join me and we went to spend some time with him. And we spent more time than I had 
intended to and I could tell he was growing tired and I thought we should leave but he just 
kept talking. It was as if he had a lot to say and I was just taking in everything he had to 
say. Finally when I left that meeting I left inspired by Terry one more time as I've always 
left a meeting inspired by him because he was a man, in my opinion, who stood for the 
best, who represented the best, and who believed that we controlled our destiny and that 
we have an obligation to offer the best we could offer. I'm told if you want to know how 
much you'll be missed stick your hand in a bucket of water and pull it out and the hole 
remaining is the measurement of how much you'd be missed. Well in Terry Sanford 's 
case, I believe it could be more compared to sticking your hand in a bucket of ice and 
pulling out the soft ice of snow. And that's how much he will be missed. That void, in 
my opinion, will never be filled. There is much more I can say but I'll keep it brief, but 
words that come to me this evening are the same words that were used in remembrance of 
another great North Carolinian, Charles Kuralt, and I think they are very fitting - a poem 
by Charles Day which I will paraphrase and that is, 

'Farewell my friend, farewell and hail, 

You left to seek the Holy Grail and I do not understand why. 

But we'll remember now that you're gone 'twas aspiration that drove you on. 

Tiddlely-widdlely tootle-oo someday we'll all follow you, but until then we bid 
you good-bye.' " 

Senator Albertson: 

"Thank you Mr. President, Members of the Senate. Terry Sanford was a great human 
being, a great public servant and most of you in this room knew him a lot better than I did. 
There're two things I will always remember about this great man. He was a person first of 
all who had a lot of courage. He saw what was needed in this State and had the courage to 
ask for a tax increase to fill those needs. Folks, it takes a lot of courage for a politician to 
ask for a tax increase, but Terry Sanford did and rightly so. The other thing I will always 
remember about this great man is what Dan Blue, Representative Dan Blue, said so very 
eloquently about him at his funeral. He said, 'While other southern governors were 
closing doors, Terry Sanford was opening doors in North Carolina.' He was a model for 
our nation, what a great American, what a great public servant and I recommend the 
resolution to you." 



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188 SENATE JOURNAL [Session 

Senator Reeves: 

"Senator Gulley and Senator Allran, it may surprise some of the other folks who are in 
this room that I was at one time a Cameron crazy during Sanford's tenure as President of 
Duke University. And I wanted to share with all of you all the essence of a letter that I 
received from Senator Sanford. It was not especially addressed to me, it was addressed to 
the entire student body after we had gone a little overboard in taunting some of our friends 
from another university playing basketball. He kindly reminded us of what it meant to be 
a good sport and he signed it Uncle Terry, which was pretty amazing to me. I met him 
several times as a student. One time I was somewhat lost and not really kind of knowing 
my way and he advised me to use some of my free time to work down at the Durham Soup 
Kitchen, which I did. In fact, I did so enjoy my work there at the Soup Kitchen that I 
ended up spending several times a week working there. But that was his way. He 
expected much of us and we wanted to achieve it because he motivated us to be the best. 
Those are my remembrances of him. A motivator, achiever, but always be a good sport." 

Senator Clodfelter: 

"Mr. President, thank you. I had not planned this evening to speak on this matter or on 
any other matter, but I have to do it, more for my own benefit than for yours and I hope 
you'll humor me for that. I have my stories of Terry Sanford as do you all and I will not 
tell them all here. I will not even tell a fraction of them, but they all come to the same 
thing in the end for me. In many tangible and intangible ways, he lifted me up and not just 
me but an entire generation of us in North Carolina. He raised us above what was 
happening in the world around us and showed us where we could go. And for those of us 
in Senator Gulley's generation and in my generation, Senator Allran's generation, there 
was no more valuable gift that we could have received in those years of turmoil and 
change and doubt and confusion. And if there is any tribute I could pay to him tonight it 
would be to say to him that he saved the future, not just for me individually but for all of 
us in North Carolina. So if I am here tonight it is in no small measure because of him, his 
prodding, his encouragement, his stimulation. And if I leave here tonight and I do not 
come back here ever again, having voted on this Resolution tonight will have made it all 
worthwhile for me. Thank you." 

Senator Miller: 

"Thank you Mr. President. Like Senator Clodfelter, I did not come tonight expecting 
to address this Resolution but like Senator Clodfelter I think I address it as much for my 
own benefit as for yours. I do expect that everyone will use their green button tonight and 
not their red. That is not the purpose of the debate. I am happy to say that my admiration 
for Senator Sanford has nothing to do with the brief period of his life during which he 
lived in Durham. I am happy to return the discussion to what he accomplished for the 
people of North Carolina. I address the Resolution not as a Senator from Wake County 
but as a kid from Fayetteville. I grew up in Fayetteville. I still pull up short when 
someone asks me where I'm from. In the south when someone says, 'Where are you 
from?' It does not mean, 'Where do you now live?' I pull up and I say, 'Well, I represent 
Wake County. I'm from Fayetteville.' When I was growing up, I think my opinion of 
Terry Sanford suffered from the familiarity. He was at the time, he practiced law in 
Fayetteville, he was from the State Senate from Fayetteville, Fayetteville was his home 
and his political home. A good friend of mine grew up in North Carolina in Senator 
Dalton's district, spent a summer in college in the early 1970's selling bibles door-to-door 
in a small town in Indiana. He said that the folks in the small town thought that there was 
this one kid, this one eighth grader, who was just going to grow up to be a world beater in 
basketball, and he didn't take it seriously. He figured every little town had some kid they 
thought was going to be a world beater. But when they got, when they grew up and they 

March 22, 1999 



1 999] SENATE JOURNAL 1 89 

faced real competition, they fell by the wayside, and that's kind of the way I viewed Terry 
Sanford. There were certainly a lot of folks that I knew who said he was a great man, who 
said he was a statesman, who said that I would be proud for the rest of my life to have 
simply met him. And I didn't take it seriously. I think I took them to be exercising a little 
... I took it all with a grain of salt because to me he was just a local politician. I went to 
Terry Sanford Senior High School. He lived a mile from me. I kept meeting him 
everywhere I went. Some adult would introduce me to Terry Sanford, I'd say, 'Yea, yea, 
I've met him, I've met him, thank you.' And I never really took him seriously perhaps 
because of his familiarity to me. When I look back at Terry Sanford's career and his 
accomplishments, I see him now in a different perspective. I see what he did on racial 
relations in this State, of how he eased racial tensions and moved the State forward at a 
time when other politicians in the south were taking easy political vantage, appealing to 
racial fears and to the worst in us. I think of what he did for education in this State. 
Senator Albertson said that. What he did in creating the Community College system. As 
Senator Gulley said, in a time of tepid political leadership, he stands out as fearless. He 
had no fear. He did what he thought was right and did not care of the consequences. And 
I suppose that when you have stepped out of an airplane into darkness over Normandy the 
night before the D-Day invasion, it gives you a different perspective on life and maybe it's 
easier to be fearless. And maybe the thing that people can do to you in politics seem less 
serious. Harvard had it right. Terry Sanford was one of the great governors of the 
twentieth century, one of the ten great governors of the twentieth century, not just of this 
State but of any state. My view when people called him a statesman when I was growing 
up was much like Harry Truman's, 'A statesman was just a dead politician.' But Terry 
Sanford was all of his life a statesman, that's not just something we call him now. In 
retrospect, he was truly a great leader. And incidentally the eighth grade kid that 
everybody in that small town in Indiana thought would be a world beater, was Larry Byrd. 
I commend this Resolution to you." 

Senator Dannelly: 

"Like everyone in here, I heard of Terry Sanford. I met him, I knew him, I have 
stories I can tell with our encounters, but I don't want to be redundant. Just wanted to let 
you know that I, too, worked for him in whatever he ran for. But I want to remind you, 
the work he's done speaks for him. And his work will speak for him decades and decades 
to come. We will never forget him." 

Senator Hagan: 

"Mr. President, I, too, did not plan to speak but I can think of no better way for me to 
break in this mic than to speak on Terry Sanford. I agree with Senator Clodfelter that he 
really did inspire a lot of people in North Carolina to seek political office and to really do 
things for North Carolina. Back in 1985, when he was running for his U. S. Senate seat, 
we were fortunate enough to have a fundraiser in our home for Senator Sanford. He and 
his wife were there and I remember just being in awe of this man and all that he has 
accomplished in one life and yet he was still going on the run for U. S. Senator. And I just 
want to commend him to all of us sitting here listening to all of this. I'm thrilled to be a 
part of history just listening to the accomplishments of this one man. And I just think that 
it's wonderful for North Carolina for all the citizens of our State to have had an individual 
like Terry Sanford represent us. And he was truly an American hero and I'm glad to be a 
part of this." 

Senator Shaw of Cumberland: 

"Thank you, Mr. President, ladies and gentlemen of the Senate. I, too, must rise to 
offer my impressions of this Resolution that we all will support. Senator Sanford, as a 

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190 SENATE JOURNAL [Session 

young man when I was in the fifth and sixth grade I first heard of him. I was around ten or 
eleven years old. It was a time of my life when there was an awful lot more fear than 
there was optimism because you could lose your life if you were at the wrong place at the 
wrong time. You know a funny thing about it, I don't ever recall this gentleman changing 
our society by sending out the troops or sending out the Army. Quite frankly, I think he 
did it with a lot of love in his heart and righteousness in what he was about. There was a 
time when most governors and most leaders were passing out ax handles and ax picks and 
standing in front of school doors, but this gentleman was like the sunlight after the storm. 
Mr. President Pro Tempore, I understand that there is a lot of history about your part of 
the world for people like Captain ... and Captain Meekins and those wonderful people, 
they enjoyed an open society. They enjoyed all the privileges that you and your parents 
enjoyed. That was a wonderful thing for you all to convey upon those people. North 
Carolina did not enjoy that until Terry Sanford came along. He was a great lifter. He did 
all the heavy lifting so that great governors after him could do other things and for this we 
all owe a great debt to Senator Sanford. Thank you." 

Senator Basnight: 

"In my years of being in the Senate, Mrs. Margaret Rose and family, never have I felt 
the compassion or the sincerity that I now feel in this Chamber. He was truly a great 
North Carolinian, a great American and a great person. We sorely miss this kind, oh great 
man." 

The joint resolution passes its second reading (40-0) and third reading with Members 
standing, and is ordered sent to the House of Representatives by special message. 

The President Pro Tempore extends courtesies of the gallery to the family and friends 
of Terry Sanford, including his wife, Margaret Rose Sanford; his daughter, Betsy Sanford; 
and his son, Terry Sanford, Jr. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting a bill and a resolution are presented to the Senate, read the 
first time, and disposed of, as follows: 

H.J.R. 76, A JOINT RESOLUTION HONORING THE MEMORY OF JOHN REED 
ON THE BICENTENNIAL OF AMERICAS FIRST GOLD DISCOVERY. 
Referred to Rules and Operations of the Senate Committee. 

H.B. 214, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
CHANGES TO THE LAND RECORDS STATUTES. 
Referred to Judiciary II Committee. 

SENATE PAGES 

The President Pro Tempore recognizes the following pages serving in the Senate this 
week: 

Shawna Victoria Barrett, Cherryville; Justin Michael Carpenter, Zebulon; Stefanie 
Leah Corbett, Greensboro; Jacob Stephen Earley, Charlotte; Kathryn Ann Fearing, 
Manteo; Andrew Miller Johnson, Gastonia; Nicholas Jared Motley, Raleigh; Nathan J. 
New, West End; Jeffrey Wynn Odom, LaGrange; Michael E. Oliphant, Charlotte; Stephen 

March 22, 1999 



1 999] SENATE JOURNAL 1 9 1 

J. Oliphant, Charlotte; Melissa Anne Phillips, Cary; Takeela L. Reddrick, Greenville; 
Davida Kemba Robinson, Pleasant Garden; and Marc Shavitz, Greensboro. 

Upon motion of Senator Ballance, seconded by Senator Odom, the Senate adjourns in 
memory of The Honorable Terry Sanford, subject to introduction of bills, to meet 
tomorrow, Tuesday, March 23, at 4:00 P.M. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

; 

By Senator Wellons: 

S.B. 427, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
COMMISSIONER OF INSURANCE TO CONDUCT HEARINGS AND ADOPT 
CERTAIN RULES RELATED TO THE BEACH AND FAIR PLANS, TO AUTHORIZE 
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO APPROVE 
ADDITIONAL BEDS FOR CONTINUING CARE RETIREMENT FACILITIES 
UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE LAW PROHIBITING 
DISCRIMINATION IN THE TREATMENT OF HANDICAPPED AND DISABLED 
PERSONS, TO GOVERN MANAGED CARE WITH REGARD TO WORKERS' 
COMPENSATION, TO EXEMPT COMMERCIAL AIRCRAFT INSURANCE FROM 
STATE REGULATION, TO REQUIRE ADDITIONAL INFORMATION FROM 
SURPLUS LINES LICENSEES, TO CLARIFY WHICH SECTIONS OF THE 
GENERAL STATUTES APPLY TO SURPLUS LINES INSURANCE, TO 
AUTHORIZE THE SECRETARY OF REVENUE TO PROVIDE THE NORTH 
CAROLINA SELF-INSURANCE GUARANTY ASSOCIATION WITH 
INFORMATION ON SELF-INSURERS' PREMIUMS, TO REPEAL THE 
REQUIREMENT FOR A BIENNIAL REPORT FROM THE DEPARTMENT OF 
INSURANCE, TO REPEAL THE AGENCY BUSINESS CESSATION LAW, AND TO 
AUTHORIZE THE COMMISSIONER TO ADOPT RULES RECOGNIZING NEW 
ANNUITY MORTALITY TABLES. 

Referred to Insurance Committee. 

. 

By Senator Wellons: 

S.B. 428, A BILL TO BE ENTITLED AN ACT TO REPEAL OBSOLETE OR 
UNNECESSARY LAWS AND MAKE TECHNICAL AND CLARIFYING 
AMENDMENTS AND CORRECTIONS IN VARIOUS INSURANCE STATUTES. 

Referred to Insurance Committee. 

By Senator Wellons: 

S.B. 429, A BILL TO BE ENTITLED AN ACT TO AMEND NORTH CAROLINA 
MANAGED HEALTH CARE LAWS TO COMPORT WITH LEGISLATION 
ENACTED BY THE 106TH CONGRESS OF THE UNITED STATES. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 430, A BILL TO BE ENTITLED AN ACT TO PROVIDE MEDICARE 
SUPPLEMENT INSURANCE FOR PERSONS WHO DELAY MEDICARE PART B 
ENROLLMENT; TO PRESCRIBE STANDARDS FOR DISABILITY INCOME 
INSURANCE; TO CONFORM NORTH CAROLINA'S 1997 POST-MASTECTOMY 
RECONSTRUCTIVE SURGERY LAWS TO THE FEDERAL WOMEN'S HEALTH 

March 22, 1999 



192 SENATE JOURNAL [Session 

AND CANCER RIGHTS ACT OF 1998; TO UPDATE THE LAW ON VIATICAL 
SETTLEMENTS; AND TO AUTHORIZE THE WRITING OF FAMILY LEAVE 
CREDIT INSURANCE. 

Referred to Insurance Committee. 

By Senator Carpenter: 

S.B. 431, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE POLK AND 
GRAHAM COUNTIES TO REQUIRE THE PAYMENT OF DELINQUENT 
PROPERTY TAXES BEFORE RECORDING DEEDS CONVEYING PROPERTY. 

Referred to Finance Committee. 

By Senators Carpenter and Phillips: 

S.B. 432, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE FACILITIES 
THAT ARE INCLUDED IN THE HEALTH CARE PERSONNEL REGISTRY; TO 
PROVIDE THAT GRIEVANCES PERTAINING TO THE HEALTH CARE 
PERSONNEL REGISTRY FILED BY STATE EMPLOYEES SHALL BE IN 
ACCORDANCE WITH STATE PERSONNEL PROCEDURES; AND TO REQUIRE 
THAT EMPLOYERS AT HEALTH CARE FACILITIES ACCESS THE HEALTH 
CARE PERSONNEL REGISTRY. 

Referred to Children & Human Resources Committee. 

By Senators Lee and Kinnaird: 

S.B. 433, A BILL TO BE ENTITLED AN ACT RELATING TO THE EXERCISE OF 
EXTRATERRITORIAL JURISDICTION BY THE TOWN OF PINEBLUFF. 
Referred to Finance Committee. 

By Senators Warren, Albertson, Clodfelter, Dannelly, Gulley, Jordan, Kerr, 
Martin of Pitt and Rand: 

S.B. 434, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR DIABETES 
CONTROL ACTIVITIES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Cooper, Albertson, Clodfelter, Dannelly, Hoyle, Martin of Pitt, 
Martin of Guilford, Miller, Perdue, Rand and Warren: 

S.B. 435, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA VICTIMS ASSISTANCE NETWORK TO EXPAND 
SERVICES PROVIDED BY THE NETWORK AND HIRE ADDITIONAL 
PERSONNEL. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler and Purcell: 

S.B. 436, A BILL TO BE ENTITLED AN ACT TO RATIFY, APPROVE, 
CONFIRM, AND VALIDATE CERTAIN BOND REFERENDA OF UNITS OF LOCAL 
GOVERNMENT HELD IN CONNECTION WITH THE AUTHORIZATION OF 
BONDS OF THOSE UNITS. 

Referred to Finance Committee. 

By Senator Rand: 

S.B. 437, A BILL TO BE ENTITLED AN ACT TO APPOINT PERSONS TO 
VARIOUS PUBLIC OFFICES UPON THE RECOMMENDATION OF THE 
PRESIDENT PRO TEMPORE OF THE SENATE. 



March 22, 1999 



1 999] SENATE JOURNAL 1 93 

Referred to Rules and Operations of the Senate Committee. 

By Senator Odom: 

S.B. 438, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE 
FEASIBILITY OF CREATING A STATEWIDE "211" HUMAN SERVICE 
INFORMATION AND VOLUNTEERISM HOT LINE SYSTEM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Odom and Dannelly: 

S.B. 439, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE MECKLENBURG 
COUNTY TO LEVY A ONE-CENT LOCAL SALES TAX FOR PUBLIC SCHOOL 
CAPITAL OUTLAY, SUBJECT TO APPROVAL BY THE VOTERS OF THE 
COUNTY. 

Referred to Finance Committee. 

By Senators Ballantine, Allran, Carpenter, Carrington, Cochrane, East, Forrester, 
Foxx, Garwood, Hartsell, Horton, Moore, Rucho and Shaw of Guilford: 

S.B. 440, A BILL TO BE ENTITLED AN ACT TO REPEAL THE LOCAL SALES 
TAX ON FOOD AND TO DISTRIBUTE ONE CENT OF THE STATE SALES TAX TO 
LOCAL GOVERNMENTS EACH YEAR. 

Referred to Finance Committee. 

By Senators Dannelly, Ballance, Carter, Clodfelter, Cooper, Dalton, Gulley, Hoyle, 
Jordan, Lee, Lucas, Martin of Guilford, Martin of Pitt, Odom, Perdue, Phillips, Purcell, 
Rucho, Shaw of Cumberland, Soles, Warren and Wellons: 

S.B. 441, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A PILOT 
PROGRAM TO TEST AND EVALUATE ALTERNATIVE SCHOOL-BASED 
ACCOUNTABILITY STANDARDS FOR THE ABCS PROGRAM. 

Referred to Education/Higher Education Committee. 

By Senators Albertson, Ballantine, Carpenter, Cooper, Dannelly, Forrester, Garwood, 
Harris, Hartsell, Horton, Jordan, Lee, Martin of Pitt, Metcalf, Moore, Phillips, Rand, Shaw 
of Guilford and Warren: 

S.B. 442, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
STUDY THE FEASIBILITY OF ESTABLISHING A STATE MILITARY MUSEUM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Kerr and Warren: 

S.B. 443, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
DUPLIN COUNTY FOR THE AGRI-COMMUNITY CENTER. 
Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Allran, Ballance, Ballantine, Basnight, Carpenter, Carrington, 
Carter, Clodfelter, Cochrane, Cooper, Dannelly, East, Forrester, Foxx, Garrou, Garwood, 
Gulley, Hagan, Harris, Horton, Hoyle, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, 
Martin of Guilford, Metcalf, Miller, Moore, Perdue, Phillips, Rand, Shaw of Guilford, 
Warren and Wellons: 

S.J.R. 444, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
ALEXANDER DUKE "A.D." GUY, FORMER MEMBER OF THE GENERAL 
ASSEMBLY. 

Referred to Rules and Operations of the Senate Committee. 

March 22, 1999 



194 SENATE JOURNAL [Session 

By Senators Miller and Reeves: 

S.B. 445, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES FOR THE 
ALICE AYCOCK POE CENTER FOR HEALTH EDUCATION THROUGH THE 
GRASSROOTS SCIENCE PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 446, A BILL TO BE ENTITLED AN ACT TO REQUIRE ALL SCHOOL 
BUSES AND SCHOOL ACTIVITY BUSES PURCHASED AFTER JULY 1, 1999, TO 
BE EQUIPPED WITH SEAT BELTS AND TO APPROPRIATE FUNDS TO EQUIP 
NEW SCHOOL BUSES WITH SEAT BELTS. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Miller: 

S.B. 447, A BILL TO BE ENTITLED AN ACT TO SET THE INSURANCE 
REGULATORY CHARGE FOR CALENDAR YEAR 1999. 
Referred to Finance Committee. 

By Senator Jordan: 

S.B. 448, A BILL TO BE ENTITLED AN ACT TO CREATE THE CRIME OF 
CRIMINAL IMPERSONATION TO PUNISH PEOPLE WHO FALSELY 
IMPERSONATE OTHERS AND HARM THE ADMINISTRATION OF JUSTICE OR 
DEFRAUD OTHERS. 

Referred to Judiciary I Committee. 

By Senators Martin of Guilford, Albertson, Allran, Ballance, Cooper, Dannelly, 
Forrester, Gulley, Hoyle, Jordan, Kinnaird, Lucas, Martin of Pitt, Phillips, Purcell, Rand, 
Shaw of Cumberland and Warren: 

S.B. 449, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
INTENSIVE FAMILY PRESERVATION PROGRAMS IN SIX ADDITIONAL 
COUNTIES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Albertson, Allran, Ballance, Cooper, Dannelly, 
Forrester, Gulley, Hoyle, Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Phillips, Plyler, 
Purcell, Rand, Shaw of Cumberland, Warren and Wellons: 

S.B. 450, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE MATERNAL OUTREACH PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Albertson, Ballance, Dannelly, Forrester, Gulley, 
Hoyle, Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Phillips, Plyler, Purcell, Rand, 
Shaw of Cumberland and Warren: 

S.J.R. 451, A JOINT RESOLUTION AUTHORIZING THE LEGISLATIVE 
RESEARCH COMMISSION TO STUDY SUBSTANCE ABUSE AFTERCARE AND 
SCIENCE-BASED PREVENTION. 

Referred to Rules and Operations of the Senate Committee. 

March 22, 1999 



1 999] SENATE JOURNAL 1 95 

By Senators Martin of Guilford, Albertson, Ballance, Dannelly, Forrester, Gulley, 
Hoyle, Jordan, Kinnaird, Lucas, Martin of Pitt, Phillips, Plyler, Purcell, Shaw of 
Cumberland and Warren: 

S.B. 452, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE STATE 
HOSPITALS TO SHARE PEER REVIEW INFORMATION WITH ACCREDITING 
ORGANIZATIONS. 

Referred to Judiciary I Committee. 

By Senators Martin of Guilford, Albertson, Ballance, Cooper, Dannelly, Forrester, 
Gulley, Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Phillips, Rand, Shaw of Cumberland 
and Warren: 

S.B. 453, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SIT-IN MOVEMENT, INC., FOR THE CONSTRUCTION AND RENOVATION OF 
THE INTERNATIONAL CIVIL RIGHTS CENTER AND MUSEUM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Ballance, Cooper, Dannelly, Forrester, Hoyle, Jordan, 
Kinnaird, Lee, Lucas, Martin of Pitt, Phillips, Rand, Shaw of Cumberland and Warren: 

S.B. 454, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES FOR THE RENOVATION OF 
KIMBALL HALL AT THE CHARLOTTE HAWKINS BROWN STATE HISTORIC 
SITE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lee and Kinnaird: 

S.B. 455, A BILL TO BE ENTITLED AN ACT TO DIVIDE SUPERIOR COURT 
DISTRICT 19B INTO A SET OF DISTRICTS. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senators Phillips, Hagan, Jordan, Kinnaird, Lee, Metcalf, Robinson, Warren and 
Wellons: 

S.B. 456, A BILL TO BE ENTITLED AN ACT TO ADJUST THE ELIGIBILITY 
REQUIREMENTS FOR MEMBERS OF THE FIREMEN'S AND RESCUE SQUAD 
WORKERS' PENSION FUND. 

Referred to Pensions & Retirement and Aging Committee. 

By Senators Kinnaird, Ballance, Forrester, Phillips and Rand: 

S.B. 457, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE INTEGRATED PEST MANAGEMENT PROGRAM AT NORTH CAROLINA 
STATE UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Kinnaird, Forrester, Gulley, Odom, Phillips, Robinson, Warren and 
Weinstein: 

S.B. 458, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE SUSTAINABLE AGRICULTURE PROGRAM AT NORTH CAROLINA STATE 
UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Robinson, Carpenter, Carter, Clodfelter, Garrou, Hagan, Harris, Horton, 

March 22, 1999 



196 SENATE JOURNAL [Session 

Metcalf, Phillips and Rand: 

S.B. 459, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMPLETE THE CONSTRUCTION OF THE FINE AND PERFORMING ARTS 
CENTER AT WESTERN CAROLINA UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Robinson: 

S.B. 460, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE HAYWOOD 
COUNTY TO LEVY A ONE-CENT LOCAL SALES TAX, IF APPROVED BY THE 
VOTERS OF THE COUNTY. 

Referred to Finance Committee. 

By Senators Martin of Guilford, Albertson, Carrington, Clodfelter, Cooper, Dannelly, 
Hagan, Martin of Pitt, Perdue, Shaw of Guilford, Warren and Wellons: 

S.B. 461, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
NORTH CAROLINA AGRICULTURAL & TECHNICAL STATE UNIVERSITY TO 
MATCH FEDERAL FUNDS FOR AGRICULTURAL RESEARCH, COOPERATIVE 
EXTENSION, AND TEACHING ACTIVITIES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Albertson, Carrington, Clodfelter, Cooper, Dannelly, 
Hagan, Martin of Pitt, Perdue, Shaw of Guilford, Warren and Wellons: 

S.B. 462, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE SMALL 
FARM DEVELOPMENT CENTER AT NORTH CAROLINA AGRICULTURAL AND 
TECHNICAL STATE UNIVERSITY AND TO APPROPRIATE FUNDS FOR THE 
SMALL FARM DEVELOPMENT CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 463, A BILL TO BE ENTITLED AN ACT CONCERNING THE CONTINUING 
MEDICAL EDUCATION REQUIREMENTS ESTABLISHED PURSUANT TO 
CHAPTER 90 OF THE GENERAL STATUTES AND RULES ADOPTED BY THE 
NORTH CAROLINA MEDICAL BOARD. 

Referred to Rules and Operations of the Senate Committee. 

Pursuant to Senator Ballance's motion to adjourn having prevailed, the Senate 
adjourns at 8:12 P.M. 



THIRTY-SECOND DAY 

Senate Chamber 
Tuesday, March 23, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by Dr. Jeffrey Wisdom, Senior Minister, Madison Avenue Baptist 
Church, Goldsboro, North Carolina, as follows: 

"My family and I were driving in Raleigh a few days ago on a visit, and my daughter 
March 23, 1999 



1 999] SENATE JOURNAL 1 97 

who's in the gallery with my wife said, 'What is the Senate?' And I said, 'Well honey,' 
struggling and stalling so I wouldn't show her my own personal ignorance. I said, 'Well, 
do you know how daddy helps to run the church?' And she said, 'yes.' I said, 'Well, the 
Senate helps run North Carolina.' She thought for a moment and she says, 'You mean like 
electricity?' I said, 'Just like electricity.' 

"For all of the energy that you give to this State, I want to thank you and want to offer 
this prayer in that behalf: 

"Lord, we pray for Your power, that You will electrify this room, and that those 
present will feel the difference having paused to pray. Help us to see that our prayer is 
more than an exercise, a formality that we do. It is an invitation to You. We invite You 
here. 

"While here, help each of our representatives to make decisions stamped with Your 
approval, directed by Your grace, driven by Your mercy, and formed by Your justice. 

"Lord, remind us, that in the end, we are individuals created with Your approval, 
helped by Your grace, indebted to Your mercy, and pardoned by Your own brand of 
justice, and help us live and to dispense those things through the decisions we make, the 
bills we pass, and the life we live. Amen. " 

With unanimous consent, the President grants a leave of absence for today to 
Senator Soles. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Monday, March 22, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Timothy John Reeder 
from Greenville, North Carolina, who is serving the Senate as Doctor of the Day, and to 
Dona Caine from Raleigh, North Carolina, who is serving the Senate as Nurse of the Day. 

ENROLLED RESOLUTIONS 

The Enrolling Clerk reports the following resolutions duly ratified, properly enrolled 
and presented to the Office of the Secretary of State: 

S.J.R. 32, A JOINT RESOLUTION PROVIDING FOR THE CONFIRMATION OF 
THE APPOINTMENT OF ROBERT KOGER MADE BY THE GOVERNOR TO 
MEMBERSHIP ON THE NORTH CAROLINA UTILITIES COMMISSION. (Res. 3) 

S.J.R. 403, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
TERRY SANFORD, ONE OF NORTH CAROLINA'S MOST DISTINGUISHED 
CITIZENS. (Res. 4) 

CHAPTERED BILLS 



The Enrolling Clerk reports the following bills properly enrolled, assigned the 
following Chapter Numbers, and presented to the Office of the Secretary of State: 

H.B. 31, AN ACT TO AUTHORIZE THE CITY OF SHELBY TO CONVEY 
CERTAIN DESCRIBED PROPERTY BY PRIVATE SALE TO THE COUNCIL ON 
THE AGING OF CLEVELAND COUNTY, NORTH CAROLINA, INC. (Became law 
upon ratification, March 22, 1999 - S.L. 1999-5.) 

March 23, 1999 



198 SENATE JOURNAL [Session 

H.B. 37, AN ACT REQUIRING THE CONSENT OF LENOIR AND WAYNE 
COUNTIES BEFORE LAND IN THOSE COUNTIES MAY BE CONDEMNED OR 
ACQUIRED BY A UNIT OF LOCAL GOVERNMENT OUTSIDE THOSE COUNTIES. 
(Became law upon ratification, March 22, 1999- S.L. 1999-6.) 

H.B. 68, AN ACT TO PROVIDE FOUR- YEAR TERMS FOR THE MAYOR AND 
ALDERMEN OF THE TOWN OF CHINA GROVE. (Became law upon ratification, 
March 22, 1999 -S.L. 1999-7.) 

H.B. 129, AN ACT TO PERMIT THE CITY OF BREVARD TO CONVEY 
CERTAIN PARCELS OF REAL PROPERTY TO PRIVATE LANDOWNERS IN 
EXCHANGE FOR PUBLIC RIGHTS-OF-WAY. (Became law upon ratification, 
March 22, 1999 -S.L. 1999-8.) 

REPORT OF COMMITTEE 

A bill is reported from a standing committee, read by its title, together with the report 
accompanying it, and takes its place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 249, A BILL TO BE ENTITLED AN ACT TO EXTEND THE MORATORIUM 
ON ISSUING SHELLFISH CULTIVATION LEASES IN CORE SOUND, TO 
REQUIRE THE DIVISION OF MARINE FISHERIES AND THE PRIMARY 
INVESTIGATOR TO REPORT THE RESULTS OF THE SHELLFISH MAPPING AND 
HUMAN USE MAPPING OF CORE SOUND TO THE JOINT LEGISLATIVE 
COMMISSION ON SEAFOOD AND AQUACULTURE AND THE MARINE 
FISHERIES COMMISSION, AND TO REQUIRE THE MARINE FISHERIES 
COMMISSION TO REVIEW THESE RESULTS AND REPORT ITS FINDINGS AND 
RECOMMENDATIONS TO THE JOINT LEGISLATIVE COMMISSION ON 
SEAFOOD AND AQUACULTURE, AS RECOMMENDED BY THE JOINT 
LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE, with a 
favorable report. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

H.B. 145 (Senate Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE A SPECIAL ELECTION FOR A VACANCY ON THE EDGECOMBE 
COUNTY BOARD OF EDUCATION AND TO PROVIDE THAT FUTURE 
VACANCIES ON THE BOARD SHALL BE FILLED ONLY UNTIL THE NEXT 
REGULARLY SCHEDULED ELECTION FOR THE BOARD RATHER THAN FOR 
THE REMAINDER OF THE TERM. 

With unanimous consent, upon motion of Senator Martin of Pitt, the Senate 
Committee Substitute bill is withdrawn from today's Calendar and is placed on the 
Calendar for Wednesday, March 24. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 

March 23, 1999 



1 999] SENATE JOURNAL 1 99 

Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 33 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT 
CONCERNING ANNEXATION OF CERTAIN PROPERTY BY THE TOWN OF 
CLAYTON, for concurrence in the House Committee Substitute bill, which is placed on 
the Calendar for tomorrow, Wednesday, March 24. 

H.B. 153, A BILL TO BE ENTITLED AN ACT TO CHANGE THE FILING 
PERIOD FOR THE HOKE COUNTY BOARD OF EDUCATION. 
Referred to State and Local Government Committee. 

H.B. 332, A BILL TO BE ENTITLED AN ACT TO CHANGE THE MANNER OF 
ELECTION OF THE YANCEY COUNTY BOARD OF EDUCATION FROM 
NONPARTISAN ELECTION AT THE TIME OF THE PRIMARY TO NONPARTISAN 
ELECTION AT THE TIME OF THE GENERAL ELECTION. 

Referred to State and Local Government Committee. 

H.B. 378, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE ROANOKE 
RAPIDS HOUSING AUTHORITY AND THE ROANOKE RAPIDS 
REDEVELOPMENT COMMISSION TO CONVEY BY PRIVATE SALE REAL 
PROPERTY LOCATED WITHIN A REDEVELOPMENT PROJECT AREA. 

Referred to State and Local Government Committee. 

ADDITIONAL SPONSORS 

Senator Harris requests to be added as a sponsor of previously introduced legislation: 

S.B. 20, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
LOW- WEALTH SCHOOL SYSTEMS' SUPPLEMENTAL FUNDING. 

Senator Albertson requests to be added as a sponsor of previously introduced 
legislation: 

S.B. 211, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES TO SUPPORT THE NORTH 
CAROLINA ARTS COUNCIL. 

Upon motion of Senator Basnight, seconded by Senator Webster, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Wednesday, March 24, at 4:00 P."M. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Dalton: 

S.J.R. 464, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
WADE BOSTIC MATHENY, FORMER MEMBER OF THE GENERAL ASSEMBLY. 
Referred to Rules and Operations of the Senate Committee. 

March 23, 1999 



200 SENATE JOURNAL [Session 



By Senators Dalton and Hoyle: 

S.B. 465, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
STUDY THE FEASIBILITY OF LOCATING A CLOSE CUSTODY PRISON 
FACILITY IN CLEVELAND COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Dalton and Hoyle: 

S.B. 466, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT CLEVELAND 
CORRECTIONAL CENTER SHALL REMAIN OPEN. 
Referred to Appropriations/Base Budget Committee. 

By Senator Carpenter: 

S.B. 467, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CAPITAL IMPROVEMENTS AT THE JOHN C. CAMPBELL FOLK SCHOOL IN 
BRASSTOWN. 

Referred to Appropriations/Base Budget Committee. 

By Senators Horton and Garrou: 

S.B. 468, A BILL TO BE ENTITLED AN ACT CONCERNING CORNER LOT 
ASSESSMENT EXEMPTIONS BY THE CITY OF WINSTON-SALEM AND 
FORSYTH COUNTY. 

Referred to Finance Committee. 

By Senators Lee and Dalton: 

S.J.R. 469, A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF 
TWO APPOINTMENTS BY THE GOVERNOR OF NEW MEMBERS TO THE STATE 
BOARD OF EDUCATION. 

Referred to Education/Higher Education Committee. 

By Senators Lee and Dalton: 

S.J.R. 470, A JOINT RESOLUTION PROVIDING FOR A JOINT SESSION OF 
THE GENERAL ASSEMBLY TO ACT ON A JOINT RESOLUTION PROVIDING 
FOR CONFIRMATION OF THE APPOINTMENTS BY THE GOVERNOR OF NEW 
MEMBERS TO THE STATE BOARD OF EDUCATION. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Lee and Dalton: 

S.B. 471, A BILL TO BE ENTITLED AN ACT TO FACILITATE THE TRANSFER 
OF STATE SURPLUS COMPUTERS TO THE PUBLIC SCHOOLS. 
Referred to Education/Higher Education Committee. 

By Senator Garrou: 

S.B. 472, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF FORSYTH COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Garrou: 

S.B. 473, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF FORSYTH COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

March 23, 1999 



1 999] SENATE JOURNAL 20 1 

By Senators Robinson and Carpenter: 

S.B. 474, A BILL TO BE ENTITLED AN ACT TO MODIFY THE DISTRIBUTION 
OF THE PROFITS FROM THE HENDERSONVILLE LOCAL ALCOHOLIC 
BEVERAGE CONTROL SYSTEM. 

Referred to State and Local Government Committee. 



By Senators Plyler and Purcell: 

S.B. 475, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES TO BE USED BY STANLY 
COMMUNITY COLLEGE TO CONSTRUCT A CAMPUS CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler and Purcell: 

S.B. 476, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
UNION HOUSE, A FACILITY FOR THE SEVERELY AND PERSISTENTLY 
MENTALLY ILL PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 477, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE LOCKSMITH 
LICENSING ACT. 

Referred to Finance Committee. 

By Senator Rand: 

S.B. 478, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
AREA MENTAL HEALTH PROGRAMS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 479, A BILL TO BE ENTITLED AN ACT AMENDING THE LAW 
GOVERNING THE NORTH CAROLINA STATE BUILDING CODE WITH REGARD 
TO THE BEACH AREA OF THE STATE. 

Referred to Commerce Committee. 

By Senators Metcalf, Allran, Ballance, Carter, Cochrane, Dalton, Dannelly, East, 
Forrester, Garwood, Gulley, Hagan, Jordan, Kinnaird, Lee, Lucas, Moore, Odom, Phillips, 
Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Soles, Weinstein and Wellons: 

S.B. 480, A BILL TO BE ENTITLED AN ACT CONCERNING THE GRANT OF 
POWERS TO ELECTRIC MEMBERSHIP CORPORATIONS REGARDING 
SUBSIDIARY ORGANIZATIONS. 

Referred to Commerce Committee. 

By Senators Martin of Guilford, Gulley, Hagan and Shaw of Guilford: 

S.B. 481, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 

CAPITAL IMPROVEMENTS AT THE CENTRAL NORTH CAROLINA SCHOOL 

FOR THE DEAF. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lucas, Albertson, Ballance, Cooper, Dannelly, Hoyle, Martin of Guilford, 
Martin of Pitt, Miller, Phillips, Purcell, Shaw of Cumberland and Warren: 

S.B. 482, A BILL TO BE ENTITLED AN ACT TO GIVE LOCAL BOARDS OF 
EDUCATION ADDITIONAL FLEXIBILITY IN DEALING WITH CERTIFIED 

March 23, 1999 



202 SENATE JOURNAL [Session 

EMPLOYEES WHO RECEIVE POOR RATINGS ON EVALUATIONS. 
Referred to Education/Higher Education Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 4:25 P.M. 



THIRTY-THIRD DAY 

Senate Chamber 
Wednesday, March 24, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Gracious God, is there any drug as intoxicating as the lure of power? Power to direct, 
to distribute, to advocate, to silence, to expedite, to delay, to discipline, to liberate, to 
restrain. Power for good and power for evil. Such a mighty tool we wield in our work as 
legislators. This is one highly addictive substance that it is legal to bring onto the job. Yet 
power in this Chamber is not only sanctioned, it is cherished, even coveted. 

"Righteous and just God, crowd us with Your Holy presence each and every time we 
exercise Your gift of power in the course of our work. Peer intrusively over our shoulders 
and gaze deeply into our hearts, so that we might be reminded again and again that the 
power we hold must be used only to glorify Your Name and Your purposes and not our 
own. We pray in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Soles and Senator Weinstein. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 23, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Michael Francis 
Buckley from Cary, North Carolina, who is serving the Senate as Doctor of the Day, and 
to Margaret Mullinix from Pittsboro, North Carolina, who is serving the Senate as Nurse 
of the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Purcell for the Health Care Committee: 

S.B. 160, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA BOARD OF NURSING TO ESTABLISH PROGRAMS TO AID THE 
REHABILITATION AND MONITORING OF NURSES WHO EXPERIENCE 

March 24, 1999 



1999] SENATE JOURNAL 203 

CERTAIN ADDICTIONS AND DISABILITIES, with a favorable report. 

With unanimous consent, upon motion of Senator Purcell, the bill is placed on the 
Calendar for Wednesday, March 3 1 . 

S.B. 194, A BILL TO BE ENTITLED AN ACT TO CREATE THE NURSE 
LICENSURE COMPACT, with a favorable report. 

With unanimous consent, upon motion of Senator Purcell, the bill is placed on the 
Calendar for Wednesday, March 31. 

S.B. 273, A BILL TO BE ENTITLED AN ACT TO REQUIRE ALL FACILITIES 
AND PROVIDERS THAT DETECT, DIAGNOSE, OR TREAT CANCER PATIENTS 
TO REPORT CANCER CASES TO THE CANCER CONTROL REGISTRY, with a 
favorable report. 

With unanimous consent, upon motion of Senator Purcell, the bill is placed on the 
Calendar for Wednesday, March 31. 

S.B. 198, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE ISSUANCE 
OF A NEW ADULT CARE HOME LICENSE TO AN APPLICANT WHO WAS THE 
LICENSEE OR ADMINISTRATOR OF AN ADULT CARE HOME THE LICENSE OF 
WHICH HAD BEEN REVOKED OR DOWNGRADED TO PROVISIONAL STATUS 
OR AGAINST WHICH A TYPE A PENALTY HAD BEEN ASSESSED, with a 
favorable report, as amended. 

Pursuant to Rule 45.1, Committee Amendment No. 1 is adopted. The bill, as 
amended, is engrossed. 

With unanimous consent, upon motion of Senator Purcell, the bill is placed on the 
Calendar for Wednesday, March 3 1 . 

By Senator Phillips for the Pensions & Retirement and Aging Committee: 

S.B. 40, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
PERSONS AUTHORIZED TO BE APPOINTED TO SUBCOMMITTEES OF THE 
NORTH CAROLINA STUDY COMMISSION ON AGING, with a favorable report. 

With unanimous consent, upon motion of Senator Phillips, the bill is placed on the 
Calendar for Tuesday, April 6. 

S.B. 61, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MONTHLY 
PENSION FOR MEMBERS OF THE FIREMEN'S AND RESCUE SQUAD WORKERS' 
PENSION FUND, with a favorable report. 

Upon motion of Senator Phillips, the bill is re-referred to the Appropriations/Base 
Budget Committee. 

By Senator Shaw of Cumberland for the Transportation Committee: 

S.B. 233, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DEPARTMENT 
OF TRANSPORTATION TO CARRY OVER ANY UNSPENT TRANSPORTATION 
IMPROVEMENT PROGRAM EQUITY REGION ALLOCATION TO THE NEXT 
YEAR AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO 
DEMONSTRATE COMPLIANCE WITH THE HIGHWAY TRUST FUND EQUITY 
REGION FORMULA BY SUBMITTING YEARLY REPORTS DOCUMENTING 
SPENDING BY EQUITY REGION, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

March 24, 1999 



204 SENATE JOURNAL [Session 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1584, which changes 
the title to read S.B. 233 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO CARRY OVER 
ANY UNSPENT TRANSPORTATION IMPROVEMENT PROGRAM EQUITY 
REGION ALLOCATION TO THE NEXT YEAR, TO AUTHORIZE LOANS OF 
UNSPENT EQUITY REGION ALLOCATIONS TO OTHER EQUITY REGIONS AND 
TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO DEMONSTRATE 
COMPLIANCE WITH THE HIGHWAY TRUST FUND EQUITY REGION FORMULA 
BY SUBMITTING YEARLY REPORTS DOCUMENTING ALLOCATIONS AND 
SPENDING BY EQUITY REGION, is adopted and engrossed. 

With unanimous consent, upon motion of Senator Shaw of Cumberland, the 
Committee Substitute bill is placed on the Calendar for Monday, March 29. 

By Senator Cooper for the Judiciary I Committee: 

S.B. 178, A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS THE NORTH 
CAROLINA UNIFORM PRUDENT INVESTOR ACT, AS RECOMMENDED BY THE 
GENERAL STATUTES COMMISSION, with a favorable report. 

With unanimous consent, upon motion of Senator Cooper, the bill is placed on the 
Calendar for Tuesday, March 30. 

S.B. 272, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE 
EVIDENCE OF A TRAFFIC VIOLATION, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3653, which changes 
the title to read S.B. 272 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AUTHORIZE THE CITY OF WILMINGTON AND THE TOWNS OF 
HUNTERSVILLE AND MATTHEWS TO USE PHOTOGRAPHIC IMAGES AS 
PRIMA FACIE EVIDENCE OF A TRAFFIC VIOLATION, is adopted and engrossed. 

With unanimous consent, upon motion of Senator Cooper, the Committee Substitute 
bill is placed on the Calendar for Tuesday, March 30. 

By Senator Miller for the Judiciary II Committee: 

S.B. 329, A BILL TO BE ENTITLED AN ACT TO MAKE NORTH CAROLINA'S 
LAPSE STATUTE LESS RESTRICTIVE, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3655 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Miller, the Committee Substitute 
bill is placed on the Calendar for Tuesday, March 30. 

S.B. 393, A BILL TO BE ENTITLED AN ACT TO AMEND THE RULES OF CIVIL 
PROCEDURE TO REQUIRE BRIEFS AND MEMORANDA IN SUPPORT OF 
DISPOSITIVE MOTIONS TO BE SERVED UPON ALL PARTIES AND TO REQUIRE 
WRITTEN MOTIONS TO STATE THE GROUNDS FOR THE MOTION WITH 
PARTICULARITY, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3652 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Miller, the Committee Substitute 

March 24, 1999 



1999] SENATE JOURNAL 205 

bill is placed on the Calendar for Tuesday, March 30. 

By Senator Lucas for the Children & Human Resources Committee: 

H.B. 238, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET FROM 
LAWS ENCOURAGING THE PURCHASE OF COMMODITIES AND SERVICES 
OFFERED BY BLIND AND BY SEVERELY DISABLED PERSONS, with a favorable 
report. 

With unanimous consent, upon motion of Senator Lucas, the bill is placed on the 
Calendar for Wednesday, March 31. 

S.B. 35, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE USE OF FUNDS 
FOR ADULT SPECIAL ASSISTANCE FOR DEMONSTRATION PROJECT ON 
ALTERNATIVE LIVING ARRANGEMENTS, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1604 is adopted and 
engrossed. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations/Base Budget Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B 271 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ANNEX 
TO THE EXISTING CITY LIMITS OF THE TOWN OF HUNTERSVILLE CERTAIN 
AREAS SURROUNDED BY EXISTING CITY LIMITS OF THE TOWN OF 
HUNTERSVILLE, upon second reading. 

With unanimous consent, upon motion of Senator Odom, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Tuesday, 
April 13, upon second reading. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.R. 166 House of Representatives 

March 23, 1999 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.R. 166, A HOUSE RESOLUTION TO ESTABLISH THE PROCEDURE 
FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA, the House has elected 
the following persons to serve for a four-year term: 

AT-LARGE CATEGORY (5 Seats to Fill) 

H. D. "Cobby" Reaves, Jr. 
Ruth Dial Woods 
J. Addison Bell 



March 24, 1999 



206 SENATE JOURNAL [Session 

Peter Keber 

John L. Sanders (remainder of unexpired term ending on June 30, 2001) 

RACIAL MINORITY CATEGORY (2 Seats to Fill) 

Chancy Rudolph "C. R." Edwards 
Angela R. Bryant 

WOMAN CATEGORY (2 Seats to Fill) 

Patsy Brewington Perry 
Priscilla Patterson Taylor 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 41 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THAT EVERY DWELLING UNIT LEASED AS RENTAL PROPERTY IN 
CERTAIN CITIES BE FURNISHED WITH A SOURCE OF HEAT, for concurrence in 
the House Committee Substitute bill, which is placed on the Calendar for tomorrow, 
Thursday, March 25. 

H.B. 160 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCREASE THE CRIMINAL PENALTY FOR CHILD ABUSE THAT RESULTS IN 
EXTREME DEBILITATING INJURY. 

Referred to Judiciary II Committee. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Clodfelter: 

S.B. 483, A BILL TO BE ENTITLED AN ACT TO REVISE THE LAW 
GOVERNING THE LIMITATIONS OF SUCCESSORS AND ASSIGNEES OF 
FOREIGN CORPORATIONS AND FOREIGN NONPROFIT CORPORATIONS TO 
FILE CAUSES OF ACTION OR PROCEEDINGS. 

Referred to Judiciary I Committee. 

By Senator Clodfelter: 

S.B. 484, A BILL TO BE ENTITLED AN ACT CHANGING THE METHOD OF 
CALCULATING THE RATIO OF PROPERTY TAX COLLECTIONS TO THE TOTAL 
LEVY FOR LOCAL GOVERNMENT BUDGETING PURPOSES RELATING TO THE 
REGISTERED MOTOR VEHICLE TAX. 

Referred to Finance Committee. 



March 24, 1999 



1999] SENATE JOURNAL 207 

By Senator Albertson: 

S.B. 485, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
BEULAVILLE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 486, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
KENANSVILLE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 487, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
MAGNOLIA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 488, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
WALLACE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 489, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
WARSAW. 

Referred to Rules and Operations of the Senate Committee. 

CALENDAR (Continued) 

H.B. 145 (Senate Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE A SPECIAL ELECTION FOR A VACANCY ON THE EDGECOMBE 
COUNTY BOARD OF EDUCATION AND TO PROVIDE THAT FUTURE 
VACANCIES ON THE BOARD SHALL BE FILLED ONLY UNTIL THE NEXT 
REGULARLY SCHEDULED ELECTION FOR THE BOARD RATHER THAN FOR 
THE REMAINDER OF THE TERM. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

S.B. 33 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT 
CONCERNING ANNEXATION OF CERTAIN PROPERTY BY THE TOWN OF 
CLAYTON, for concurrence in the House Committee Substitute bill, upon second 
reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, 
Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Warren, Webster, and Wellons — 48. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for tomorrow, 
Thursday, March 25, for concurrence upon third reading. 

March 24, 1999 



208 SENATE JOURNAL [Session 

S.B. 249, A BILL TO BE ENTITLED AN ACT TO EXTEND THE MORATORIUM 
ON ISSUING SHELLFISH CULTIVATION LEASES IN CORE SOUND, TO 
REQUIRE THE DIVISION OF MARINE FISHERIES AND THE PRIMARY 
INVESTIGATOR TO REPORT THE RESULTS OF THE SHELLFISH MAPPING AND 
HUMAN USE MAPPING OF CORE SOUND TO THE JOINT LEGISLATIVE 
COMMISSION ON SEAFOOD AND AQUACULTURE AND THE MARINE 
FISHERIES COMMISSION, AND TO REQUIRE THE MARINE FISHERIES 
COMMISSION TO REVIEW THESE RESULTS AND REPORT ITS FINDINGS AND 
RECOMMENDATIONS TO THE JOINT LEGISLATIVE COMMISSION ON 
SEAFOOD AND AQUACULTURE, AS RECOMMENDED BY THE JOINT 
LEGISLATIVE COMMISSION ON SEAFOOD AND AQUACULTURE. 

The bill passes its second (41-7) and third readings and is ordered sent to the House of 
Representatives. 

ADDITIONAL SPONSOR 

Senator Hartsell requests to be added as a sponsor of previously introduced legislation: 

S.B. 349, A BILL TO BE ENTITLED AN ACT TO BAN PARTIAL-BIRTH 
ABORTIONS. 

Upon motion of Senator Basnight, seconded by Senator Cochrane, the Senate adjourns 
at 4:34 P.M. to meet tomorrow, Thursday, March 25, at 1 1 :00 A.M. 



THIRTY-FOURTH DAY 

Senate Chamber 
Thursday, March 25, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Oh Lord, You have searched me and known me. You know when I sit and when I 
rise. You perceive my thoughts from afar. You discern my going out and my lying down. 
You are familiar with all my ways. Before a word is on my tongue, You know it 
completely, Oh Lord. 

"All knowing God, meet us in the secret places of our souls. Walk through the hidden 
corridors of our past which we have barricaded from Your view. Unlock the secret doors 
in each of us and bless what You find there. But do not leave us where You find us. 
Touch whatever is mean spirited or fearful, and in Your healing grace lift whatever is 
excellent and beautiful, unselfish and of high regard. Clothe what is most despised in us 
in the light of Your merciful love, which we are assured is without end. In Your Holy 
Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Basnight, Senator Plyler, Senator Shaw of Guilford, and Senator Weinstein. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
March 25, 1999 



1999] SENATE JOURNAL 209 

Wednesday, March 24, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Joe Tommy 
Minchew from Chapel Hill, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Virginia Adams from Wilmington, North Carolina, who is serving the Senate 
as Nurse of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled and 
presented to the Office of the Secretary of State: 

S.B. 43, AN ACT TO CONSOLIDATE THE TOWN OF ALEXANDER MILLS 
INTO THE TOWN OF FOREST CITY. 

The President relinquishes the gavel to Senator Ballance, Deputy President Pro 
Tempore, who presides in the absence of the Lieutenant Governor. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 319, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
SECRETARY OF STATE TO APPLY FOR AND ACCEPT GRANT FUNDS. 
Referred to State and Local Government Committee. 

H.B. 501, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING APPOINTMENTS AND COMPENSATION OF HOSPITAL 
AUTHORITIES IN CRAVEN COUNTY. 

Referred to State and Local Government Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 33 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT 
CONCERNING ANNEXATION OF CERTAIN PROPERTY BY THE TOWN OF 
CLAYTON, for concurrence in the House Committee Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by roll- 
call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Carpenter, 
Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, Forrester, Foxx, 
Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, 
Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, 
Phillips, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Soles, Warren, 
Webster, and Wellons — 45. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

March 25, 1999 



210 SENATE JOURNAL [Session 

S.B. 41 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THAT EVERY DWELLING UNIT LEASED AS RENTAL PROPERTY IN 
CERTAIN CITIES BE FURNISHED WITH A SOURCE OF HEAT, for concurrence in 
the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (45-0) and the measure is 
ordered enrolled and sent to the Governor. 

COMMITTEE REFERRAL RECALL 

S.B. 342, A BILL TO BE ENTITLED AN ACT TO AMEND THE GENERAL 
STATUTES PERTAINING TO CHILD SUPPORT ENFORCEMENT, referred to the 
Children & Human Resources Committee on March 15. 

Pursuant to Rule 47(a), Senator Lucas offers a motion that the bill be withdrawn from 
the Children & Human Resources Committee and re-referred to the Judiciary I 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Children & Human Resources 
Committee and re-refers the measure to the Judiciary I Committee. 

Upon motion of Senator Rand, seconded by Senator Lucas, the Senate adjourns subject 
to introduction of bills, to meet Monday, March 29, at 7:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Harris: 

S.B. 490, A BILL TO BE ENTITLED AN ACT RELATING TO THE 15TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 491, A BILL TO BE ENTITLED AN ACT RELATING TO THE 15TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 492, A BILL TO BE ENTITLED AN ACT RELATING TO THE 15TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 493, A BILL TO BE ENTITLED AN ACT RELATING TO THE 15TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 494, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
NEEDED CAPITAL IMPROVEMENTS AT THE COATS COMMUNITY CENTER IN 
HARNETT COUNTY. 

Referred to Appropriations/Base Budget Committee. 

March 25, 1999 



1 999] SENATE JOURNAL 2 1 1 

By Senator Harris: 

S.B. 495, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF JOHNSTON COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hoyle: 

S.B. 496, A BILL TO BE ENTITLED AN ACT RELATING TO THE 25TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hoyle: 

S.B. 497, A BILL TO BE ENTITLED AN ACT RELATING TO THE 25TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hoyle: 

S.B. 498, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
INCREASE THE SALARY OF SCHOOL BUS DRIVERS. 
Referred to Appropriations/Base Budget Committee. 

By Senator Hoyle: 

S.B. 499, A BILL TO BE ENTITLED AN ACT TO REQUIRE CANOES AND 
KAYAKS TO BE REGISTERED AND TO INCREASE THE FEES FOR 
REGISTRATION OF BOATS. 

Referred to Finance Committee. 

By Senators Kinnaird, Ballance, Carter, Clodfelter, Dannelly, Forrester, Foxx, Garrou, 
Gulley, Hagan, Harris, Hartsell, Jordan, Lee, Odom, Phillips, Rand, Robinson, Rucho, 
Shaw of Guilford, Warren and Wellons: 

S.B. 500, A BILL TO BE ENTITLED AN ACT TO REQUIRE STATE REPORTS 
TO BE PRINTED ON BOTH SIDES OF THE PAPER. 

Referred to Commerce Committee. 

By Senator Jordan: 

S.B. 501, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
WILMINGTON TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE 
OF A TRAFFIC VIOLATION. 

Referred to Judiciary I Committee. 

By Senators Plyler and Purcell: 

S.B. 502, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE OPERATION OF THE YADKIN/PEE DEE LAKES PROJECT. 
Referred to Appropriations/Base Budget Committee. 

By Senators Plyler and Purcell: 

S.B. 503, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE STANLY COUNTY AIRPORT. 

Referred to Appropriations/Base Budget Committee. 

_ 

By Senators Plyler and Purcell: 

S.B. 504, A BILL TO BE ENTITLED AN ACT AMENDING THE BOUNDARIES 

March 25, 1999 



2 1 2 SENATE JOURNAL [Session 

OF THE VILLAGE OF WESLEY CHAPEL. 
Referred to Finance Committee. 

By Senators Purcell and Plyler: 

S.B. 505, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE RICHMOND 
COUNTY TO LEVY A ONE-CENT LOCAL SALES TAX, SUBJECT TO APPROVAL 
BY THE VOTERS OF THE COUNTY. 

Referred to Finance Committee. 

By Senators Lee, Garwood, Moore and Perdue: 

S.B. 506, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CAPITAL IMPROVEMENTS AT THE PENLAND SCHOOL OF CRAFTS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Lee and Kinnaird: 

S.B. 507, A BILL TO BE ENTITLED AN ACT TO REIMBURSE CHATHAM 
COUNTY FOR ITS COSTS ASSOCIATED WITH SELECTING A SITE FOR A 
PROPOSED LOW-LEVEL RADIOACTIVE WASTE FACILITY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Gulley: 

S.B. 508, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
STUDENTS WITH LIMITED ENGLISH PROFICIENCY. 
Referred to Appropriations/Base Budget Committee. 

By Senator Wellons: 

S.B. 509, A BILL TO BE ENTITLED AN ACT RELATING TO THE 11TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 510, A BILL TO BE ENTITLED AN ACT RELATING TO THE 11TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 511, A BILL TO BE ENTITLED AN ACT RELATING TO THE 11TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 512, A BILL TO BE ENTITLED AN ACT RELATING TO THE 11TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Wellons, Albertson, Cochrane, Dalton, Foxx, Garrou, Gulley, Kinnaird, 
Lucas, Purcell, Reeves and Weinstein: 

S.B. 513, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH BENEFIT 
PLANS THAT COVER PRESCRIPTION DRUGS TO ISSUE UNIFORM 
PRESCRIPTION DRUG IDENTIFICATION CARDS. 

Referred to Insurance Committee. 

March 25, 1999 






1 999] SENATE JOURNAL 2 1 3 

By Senators Kerr, Gulley, Hoyle, Martin of Guilford, Rand and Reeves: 
S.B. 514, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
DEVELOPMENT OF AN EFFECTIVE AND EFFICIENT MEANS TO PROMOTE 
HEALTH INSURANCE COVERAGE FOR UNINSURED CHILDREN IN 
MODERATE-INCOME FAMILIES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kerr, Albertson, Harris, Hoyle, Metcalf, Perdue, Purcell, Rand, Reeves 
and Weinstein: 

S.B. 515, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
PAID MEMBERS A RESCUE OR RESCUE/EMS UNIT MAY HAVE TO RECEIVE 
GRANTS. 

Referred to Finance Committee. 

By Senators Kerr, Albertson, Martin of Pitt, Perdue and Warren: 

S.B. 516, A BILL TO BE ENTITLED AN ACT TO EXTEND THE MATURITY 

DATE FOR CERTAIN AUTHORIZED INVESTMENTS IN THE GLOBAL 

TRANSPARK AUTHORITY. 

Referred to Finance Committee. 

By Senator Perdue: 

S.B. 517, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMPLETE THE RESTORATION OF THE HISTORIC TRADER STORE IN THE 
TOWN OF HAVELOCK. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Carter, Lee and Metcalf: 

S.B. 518, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
FACILITATE SCHOOL-BASED MANAGEMENT IN THE PUBLIC SCHOOLS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Carter, Cooper, Dannelly, Lee, Metcalf, Reeves and Soles: 

S.B. 519, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA 

FOR THE TEACHER ACADEMY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rucho: 

S.B. 520, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES IN THE 
MANNER OF ELECTION OF THE CHARLOTTE-MECKLENBURG BOARD OF 
EDUCATION SO AS TO EXPAND THE NUMBER OF AT-LARGE MEMBERS. 

Referred to Education/Higher Education Committee. 

By Senator Rucho: 

S.B. 521, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES IN THE 
MANNER OF ELECTION OF THE CHARLOTTE-MECKLENBURG BOARD OF 
EDUCATION SO AS TO PROVIDE FOR NONPARTISAN PRIMARY ELECTIONS. 

Referred to Education/Higher Education Committee. 

By Senators Rucho, Clodfelter, Dannelly and Odom: 

S.B. 522, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A PUBLIC 
CONDEMNOR USING "QUICK TAKE" IN AN EMINENT DOMAIN ACTION 

March 25, 1999 



2 1 4 SENATE JOURNAL [Session 

SHALL INCLUDE A NOTICE OF APPEAL RIGHTS IN THE COMPLAINTS 
COMMENCING THE ACTION. 

Referred to Judiciary II Committee. 

By Senator Hagan: 

S.B. 523, A BILL TO BE ENTITLED AN ACT RELATING TO THE 32ND 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hagan: 

S.B. 524, A BILL TO BE ENTITLED AN ACT RELATING TO THE 32ND 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hagan: 

S.B. 525, A BILL TO BE ENTITLED AN ACT TO ALLOW NON-UNITED 
STATES CITIZENS WHO ARE RESIDENTS OF NORTH CAROLINA TO SERVE AS 
PERSONAL REPRESENTATIVES IN THE ADMINISTRATION OF ESTATES. 

Referred to Judiciary II Committee. 

By Senators Hagan, Ballance, Carter, Garrou, Garwood, Rand and Robinson: 
S.B. 526, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
MODIFICATION AND TERMINATION OF IRREVOCABLE TRUSTS. 
Referred to Judiciary II Committee. 

By Senator Hartsell: 

S.B. 527, A BILL TO BE ENTITLED AN ACT TO PERMIT LOCAL 
AUTHORITIES TO PREEMPT TRAFFIC SIGNALS OR SEMAPHORES ON STATE 
HIGHWAYS IN EMERGENCY SITUATIONS. 

Referred to Judiciary I Committee. 

By Senator Allran: 

S.B. 528, A BILL TO BE ENTITLED AN ACT RELATING TO THE 26TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Allran: 

S.B. 529, A BILL TO BE ENTITLED AN ACT RELATING TO THE 26TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Allran: 

S.B. 530, A BILL TO BE ENTITLED AN ACT RELATING TO THE 26TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Clodfelter: 

S.B. 531, A BILL TO BE ENTITLED AN ACT RELATING TO PRIVATE 
CONTRACTING OF BUILDING INSPECTION SERVICES, AND RELATING TO 
RESIDENTIAL CONTRACTOR LICENSES IN THE CITY OF CHARLOTTE AND 
MECKLENBURG COUNTY. 

Referred to State and Local Government Committee. 

March 25, 1999 



1 999] SENATE JOURNAL 2 1 5 

By Senators Carter and Metcalf: 

S.B. 532, A BILL TO BE ENTITLED AN ACT RELATING TO THE CITY OF 
ASHEVILLE. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Carter and Metcalf: 

S.B. 533, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A HEALTH CARE 
PILOT PROGRAM IN BUNCOMBE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

Pursuant to Senator Rand's motion to adjourn having prevailed, the Senate adjourns at 
11:25 A.M. 



THIRTY-FIFTH DAY 

Senate Chamber 
Monday, March 29, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Righteous God, we give You thanks for the great gift of Your law, without which our 
life would explode into chaos. The Old Testament law directs us to demand an eye for an 
eye and a tooth for a tooth in legislating just retribution for wrongdoing. The punishment 
must fit the crime, it must be proportional. That is indeed the measure we would like 
applied to those who wrong us. But what of our own injustices? What if each of us were 
required to pay the fair and just price for the consequences of our sinful behaviors? 
Would any of us be left standing with any eyes or teeth in our heads? The prospect of a 
blind, lisping Senate is almost too comical to imagine. 

"We clamor for just outcomes, presuming our innocence, to our conflicts, but what we 
really hope for is a gentle, forgiving judge. Teach us, Oh God, to be as generous with the 
undeserved mercy we offer as we are grateful for the undeserved mercy we receive. We 
make our prayer in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Ballantine, Senator Garwood, Senator Odom, Senator Perdue, Senator Rucho, Senator 
Shaw of Guilford, Senator Webster, and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
March 25, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Benton Sapp 
Satterfield from Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Elizabeth Newton from Winston-Salem, North Carolina, who is serving the Senate 
as Nurse of the Day. 

March 29, 1999 



2 1 6 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 41, AN ACT TO REQUIRE THAT EVERY DWELLING UNIT LEASED AS 
RENTAL PROPERTY IN CERTAIN CITIES BE FURNISHED WITH A SOURCE OF 
HEAT. 

The Enrolling Clerk reports the following bill and resolution duly ratified, properly 
enrolled, and presented to the Office of the Secretary of State: 

S.B. 33, AN ACT CONCERNING ANNEXATION OF CERTAIN PROPERTY BY 
THE TOWN OF CLAYTON. 

S.J.R. 78, A JOINT RESOLUTION PROVIDING FOR CONFIRMATION OF THE 
APPOINTMENT OF HAL. D. LINGERFELT AS COMMISSIONER OF BANKS. 
(Res. 5) 

CHAPTERED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

S.B. 43, AN ACT TO CONSOLIDATE THE TOWN OF ALEXANDER MILLS 
INTO THE TOWN OF FOREST CITY. (Became law upon ratification, March 25, 1999 - 
S.L. 1999-9.) 

REPORT TO GENERAL ASSEMBLY 

An Agency directed to report to the General Assembly submits a report which is 
ordered placed on file in the Legislative Library, as follows: 

The Office of the State Controller along with the Office of State Budget and 
Management and the North Carolina Department of Revenue submit the State of North 
Carolina Summary of Financial Condition, February 28, 1999. 

Upon motion of Senator Carpenter, the Chair extends courtesies of the gallery to 
County Commissioners of Cherokee County, Dana Jones, Barbara Vicknair, Ernest Jones; 
County Manager, Randy Wiggins; and Regional Economic Development Manager, Bill 
Gibson. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I Committee: 

S.B. 255, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE STATE LAW 
REQUIRING STATE AGENCIES TO REDUCE THE NUMBER OF MENUS ON 
AUTOMATED PHONE SYSTEMS AND TO REQUIRE STATE AGENCIES TO 

March 29, 1999 



1 999] SENATE JOURNAL 2 1 7 

REPORT ON THEIR COMPLIANCE WITH THAT LAW, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1620 is adopted and 
engrossed. 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 18, A BILL TO BE ENTITLED AN ACT TO REVISE AND CONSOLIDATE 
THE CHARTER OF THE TOWN OF CARTHAGE, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6588 is adopted and 
engrossed. 

S.B. 333, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
MEMBERSHIP OF STATUTORILY CREATED DECISION-MAKING OR 
REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES; 
PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO THE 
APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENSURE PROPORTIONATE 
REPRESENTATION OF WOMEN; REQUIRING ANNUAL REPORTS; AND 
REQUIRING RETENTION OF CERTAIN INFORMATION REGARDING 
APPLICANTS, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3678 is adopted and 
engrossed. 

. 
INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Albertson: 

S.B. 534, A BILL TO BE ENTITLED AN ACT PROVIDING THAT THE TOWN 
OF KENANSVILLE IS NOT OBLIGATED TO PROVIDE SERVICES TO CERTAIN 
ANNEXED PROPERTY. 

Referred to Finance Committee. 

By Senator Albertson: 

S.B. 535, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF DUPLIN COUNTY. 

Referred to Rules and Operations of the Senate Committee. 






By Senator Albertson: 

S.B. 536, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
ECONOMIC DEVELOPMENT IN DUPLIN COUNTY. 
Referred to Appropriations/Base Budget Committee. 

By Senator Phillips: 

S.B. 537, A BILL TO BE ENTITLED AN ACT RELATING TO THE 23RD 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

March 29, 1999 



2 1 8 SENATE JOURNAL [Session 

By Senator Jordan: 

S.B. 538, A BILL TO BE ENTITLED AN ACT TO TRANSFER RESPONSIBILITY 
FOR COLLECTION OF ALL CHILD SUPPORT PAYMENTS CURRENTLY 
COLLECTED BY THE CLERKS OF SUPERIOR COURTS TO THE STATE CHILD 
SUPPORT COLLECTION AND DISBURSEMENT UNIT. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Jordan: 

S.B. 539, A BILL TO BE ENTITLED AN ACT TO PROVIDE TAX CREDITS FOR 
CONSTRUCTION EMPLOYERS WHO PROVIDE CRAFTWORKER TRAINING 
AND WHO HIRE WELFARE RECIPIENTS. 

Referred to Finance Committee. 

By Senator Jordan: 

S.B. 540, A BILL TO BE ENTITLED AN ACT ESTABLISHING A COMMITTEE 
ON ORTHOPEDIC PHYSICIAN ASSISTANTS AND A SYSTEM TO CERTIFY 
ORTHOPEDIC PHYSICIAN ASSISTANTS. 

Referred to Health Care Committee. 

By Senator Horton: 

S.B. 541, A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS OF 
NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Horton: 

S.B. 542, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF FORSYTH COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Horton: 

S.B. 543, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF FORSYTH COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Horton and Garrou: 

S.B. 544, A BILL TO BE ENTITLED AN ACT TO LIMIT APPEALS TO LOCAL 
BOARDS OF EDUCATION IN LARGE URBAN SCHOOL SYSTEMS. 
Referred to Judiciary II Committee. 

By Senator Hoyle: 

S.B. 545, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMERCE FOR THE PURPOSE OF CONDUCTING AND 
PROMOTING HOSPITALITY AND TOURISM JOB TRAINING PROGRAMS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Hoyle: 

S.B. 546, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE HISTORIC PRESERVATION FOUNDATION OF NORTH CAROLINA TO HELP 
EXPAND NORTH CAROLINA'S STATEWIDE REVOLVING FUND FOR HISTORIC 
PRESERVATION. 

Referred to Appropriations/Base Budget Committee. 



March 29, 1999 



1 999] SENATE JOURNAL 2 1 9 

By Senator Hoyle: 

S.B. 547, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
ESTABLISHMENT OF A TELECOMMUNICATIONS RELAY SERVICE TO ASSIST 
DEAF AND HEARING IMPAIRED PERSONS, INCLUDING THOSE WHO ALSO 
HAVE VISION IMPAIRMENT. 

Referred to Finance Committee. 

By Senators Kerr, Albertson, Carter, Perdue and Purcell: 

S.B. 548, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
REPAIRS AND RENOVATIONS AT THE EASTERN REGION VOCATIONAL 
REHABILITATION FACILITY PROJECT IN GOLDSBORO. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 549, A BILL TO BE ENTITLED AN ACT RELATING TO THE SALARIES OF 
THE DEPUTY INDUSTRIAL COMMISSIONERS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Lee: 

S.B. 550, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE ACTIVITIES OF THE NORTH CAROLINA CENTER FOR 
INTERNATIONAL UNDERSTANDING. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 551, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
CONSTRUCT A BUILDING TO SUPPORT THE ACTIVITIES OF THE FRANK 
PORTER GRAHAM CHILD DEVELOPMENT CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 552, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATE DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Lee: 

S.B. 553, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATE DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Lee: 

S.B. 554, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATE DISTRICT. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 555, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 
SENATE DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Lee: 

S.B. 556, A BILL TO BE ENTITLED AN ACT RELATING TO THE 16TH 

March 29, 1999 



220 SENATE JOURNAL [Session 

SENATE DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Lee, Garrou and Kinnaird: 

S.B. 557, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA POTTERY CENTER TO ENHANCE ECONOMIC 
DEVELOPMENT IN RURAL NORTH CAROLINA THROUGH EDUCATION AND 
THE PROMOTION OF TOURISM RELATING TO AND DERIVED FROM THE 
POTTERY INDUSTRY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Miller, Carter, Clodfelter, Gulley, Horton, Kinnaird, Lucas, Metcalf and 
Odom: 

S.B. 558, A BILL TO BE ENTITLED AN ACT TO STANDARDIZE THE 
INVESTIGATION AND DISCIPLINE OF LAW ENFORCEMENT OFFICERS AND 
TO PROVIDE FOR JUDICIAL REVIEW. 

Referred to Judiciary II Committee. 

By Senators Hagan, Martin of Guilford and Shaw of Guilford: 

S.B. 559, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMPLETE THE SCIENCE BUILDING AT THE UNIVERSITY OF NORTH 
CAROLINA AT GREENSBORO. 

Referred to Appropriations/Base Budget Committee. 

By Senators Horton, Albertson, Allran, Ballance, Ballantine, Carpenter, Carrington, 
Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, Garrou, 
Garwood, Gulley, Hagan, Harris, Hartsell, Hoyle, Kerr, Kinnaird, Lucas, Martin of 
Guilford, Martin of Pitt, Metcalf, Miller, Moore, Perdue, Phillips, Plyler, Purcell, Rand, 
Reeves, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, Webster and Wellons: 

S.B. 560, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT MARKETS 
THAT SELL UNCOOKED CURED COUNTRY HAM OR UNCOOKED CURED 
SALTED PORK THAT INVOLVES CERTAIN MINIMAL PREPARATION ARE 
EXEMPT FROM REGULATION UNDER CHAPTER 130A OF THE GENERAL 
STATUTES WHEN THAT MINIMAL PREPARATION IS THE ONLY ACTIVITY 
THAT WOULD SUBJECT THESE MARKETS TO SUCH REGULATION. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Odom, Carpenter, Carter, Clodfelter, Cooper, Dannelly, Forrester, Hoyle, 
Kinnaird, Lee, Martin of Guilford, Metcalf and Warren: 

S.B. 561, A BILL TO BE ENTITLED AN ACT TO ALLOW LAW OFFICERS WHO 
ARE MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' RETIREMENT 
SYSTEM OR THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT 
SYSTEM TO RETIRE WITH UNREDUCED BENEFITS AFTER COMPLETING 
TWENTY-FIVE YEARS OF SERVICE. 

Referred to Pensions & Retirement and Aging Committee and upon a favorable 
report, re-referred to the Appropriations/Base Budget Committee. 

By Senator Miller: 

S.B. 562, A BILL TO BE ENTITLED AN ACT TO REPEAL FILING FEES, 
MISCELLANEOUS FEES, AND HMO ANNUAL REPORT FEES COLLECTED BY 
THE DEPARTMENT OF INSURANCE; TO INCREASE CERTAIN INSURANCE 
COMPANY LICENSE RENEWAL FEES COLLECTED BY THE DEPARTMENT OF 

March 29, 1999 



1 999] SENATE JOURNAL 22 1 

INSURANCE; TO ALLOW MONEY CREDITED TO THE INSURANCE CONSUMER 
PROTECTION FUND TO BE USED TO RETAIN EXPERTS FOR HEARINGS; TO 
REQUIRE THAT MONEY RECOVERED FROM DELINQUENCY PROCEEDINGS 
OR CIVIL ACTIONS AGAINST THE COMMISSIONER OF INSURANCE BE 
CREDITED TO THE INSURANCE CONSUMER PROTECTION FUND; AND TO 
MOVE THE EFFECTIVE DATE FROM 2000 TO 2001 FOR THE LAW REQUIRING 
THE LICENSING OF THIRD PARTY ADMINISTRATORS FOR EMPLOYERS THAT 
SELF-INSURE THEIR WORKERS' COMPENSATION LIABILITIES. 
Referred to Finance Committee. 

By Senators Dannelly, Albertson, Allran, Ballance, Clodfelter, Cooper, Hartsell, 
Horton, Hoyle, Kerr, Lucas, Martin of Guilford, Odom, Phillips and Rucho: 

S.B. 563, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE LOCAL 
GOVERNMENTS TO USE PHOTOGRAPHIC SPEED-MEASURING SYSTEMS TO 
ESTABLISH SCHOOL ZONE SPEED LIMIT VIOLATIONS AND TO AUTHORIZE 
THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING 
STANDARDS COMMISSION AND THE SECRETARY OF CRIME CONTROL AND 
PUBLIC SAFETY TO APPROVE STANDARDS FOR THE PHOTOGRAPHIC SPEED- 
MEASURING SYSTEMS. 

Referred to Judiciary I Committee. 

By Senator Shaw of Cumberland: 

S.B. 564, A BILL TO BE ENTITLED AN ACT RELATING TO CUMBERLAND 
COUNTY AND THE MUNICIPALITIES LOCATED WITHIN THE COUNTY. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Cumberland: 

S.B. 565, A BILL TO BE ENTITLED AN ACT RELATING TO CUMBERLAND 
COUNTY AND THE MUNICIPALITIES LOCATED WITHIN THE COUNTY. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird and Lee: 

S.B. 566, A BILL TO BE ENTITLED AN ACT TO PROVIDE FINANCING FOR 
PUBLIC TRANSIT AND OTHER ISSUES IN CHAPEL HILL. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird, Clodfelter, Dannelly, Garrou, Gulley, Jordan, Lee, Lucas, 
Miller, Odom, Rucho and Shaw of Cumberland: 

S.B. 567, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS 
REGARDING NONHAZARDOUS SOLID WASTE MANAGEMENT BY 
PROHIBITING THE DEPARTMENT OF TRANSPORTATION FROM BURNING 
YARD TRASH AND OTHER ORGANIC SOLID WASTE IN HIGHWAY 
CONSTRUCTION AND MAINTENANCE PROJECTS AND REQUIRING THE 
DEPARTMENT OF TRANSPORTATION TO RECYCLE OR REUSE THIS WASTE. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Kinnaird, Gulley, Lee and Miller: 

S.B. 568, A BILL TO BE ENTITLED AN ACT TO PERMIT COUNTY BOARDS 
OF ELECTIONS TO DESIGNATE ADDITIONAL SITES FOR ONE-STOP 
ABSENTEE VOTING. 

Referred to Judiciary II Committee. 

March 29, 1999 



222 SENATE JOURNAL [Session 

By Senators Cochrane, Allran, Ballantine, Carpenter, East, Forrester, Foxx, Garwood, 
Horton, Moore, Shaw of Guilford and Webster: 

S.B. 569, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES FOR THE STAY SMART 
PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Hoyle, Ballantine, Carpenter, Carter, Dalton, Forrester, Jordan, Lee, 
Moore, Odom, Plyler, Purcell, Reeves, Rucho, Soles and Weinstein: 

S.B. 570, A BILL TO BE ENTITLED AN ACT TO UPDATE THE NORTH 
CAROLINA CONSUMER FINANCE ACT TO REVISE THE COLLECTION OF 
INTEREST UNDER CERTAIN CIRCUMSTANCES, TO ALLOW BORROWERS TO 
CANCEL LOANS UNDER CERTAIN CONDITIONS, TO RECOGNIZE 
INADVERTENT LOANS IN THE LAW RESTRICTING MULTIPLE-OFFICE LOANS, 
TO REQUIRE DISCLOSURE ON SOLICITATION OF LOANS BY FACSIMILE OR 
NEGOTIABLE CHECKS, TO ALLOW LENDERS TO MAINTAIN CERTAIN 
RECORDS IN THE FORM OF OPTICAL IMAGE DISKS, TO SPECIFY A MAXIMUM 
CHARGE THAT LENDERS MAY ASSESS AT CLOSING, AND TO REQUIRE 
LICENSEES TO REPORT ADDITIONAL INFORMATION TO THE 
COMMISSIONER. 

Referred to Commerce Committee. 

By Senator Harris: 

S.B. 571, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE SANFORD- 
LEE REGIONAL AIRPORT AUTHORITY TO RECEIVE SALES TAX REFUNDS. 
Referred to Finance Committee. 

By Senator Harris: 

S.B. 572, A BILL TO BE ENTITLED AN ACT TO REVISE AND CONSOLIDATE 
THE CHARTER OF THE TOWN OF BENSON. 
Referred to Finance Committee. 

By Senator Clodfelter: 

S.B. 573, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
CHARLOTTE TO ENGAGE IN PUBLIC-PRIVATE PROJECTS OUTSIDE THE 
DOWNTOWN AREA. 

Referred to State and Local Government Committee. 

By Senator Clodfelter: 

S.B. 574, A BILL TO BE ENTITLED AN ACT CONCERNING THE CITY OF 
CHARLOTTE AND MECKLENBURG COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 575, A BILL TO BE ENTITLED AN ACT TO INCREASE THE ENTRY 
LEVEL PAY FOR DEPUTY CLERKS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Jordan: 

S.B. 576, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH NEW DEPUTY CLERK POSITIONS. 
Referred to Appropriations/Base Budget Committee. 

March 29, 1999 



1999] SENATE JOURNAL 223 

By Senator Jordan: 

S.B. 577, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE SALARY 
OF CLERKS OF COURT TO BE PUBLISHED IN THE CURRENT OPERATIONS 
APPROPRIATIONS ACT. 

Referred to Appropriations/Base Budget Committee. 

By Senator Jordan: 

S.B. 578, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A CONFERENCE 
OF CLERKS OF SUPERIOR COURT. 

Referred to State and Local Government Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

By Senator Jordan: 

S.B. 579, A BILL TO BE ENTITLED AN ACT TO EXPAND THE AUTHORITY 
OF CLERKS OF SUPERIOR COURT BY ALLOWING CLERKS TO GRANT 
UNCONTESTED DIVORCES, TO ACCEPT GUILTY PLEAS IN INFRACTION 
CASES, MISDEMEANOR TRAFFIC CASES, AND WORTHLESS CHECK 
MATTERS, TO EXERCISE SUPERVISORY AUTHORITY OVER MAGISTRATES, 
AND TO AUTHORIZE VOLUNTARY SUPPORT AGREEMENTS. 

Referred to Judiciary I Committee. 

By Senator Hoyle: 

S.B. 580, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMERCE FOR THE PURPOSE OF ASSISTING THE 
NORTH CAROLINA RESTAURANT ASSOCIATION TO ESTABLISH A 
STATEWIDE DINING GUIDE ON THE INTERNET TO PROMOTE TRAVEL AND 
TOURISM IN NORTH CAROLINA AND TO AUTHORIZE THE NORTH CAROLINA 
RESTAURANT ASSOCIATION TO CHARGE A FEE FOR PROPRIETARY 
LISTINGS IN THE DINING GUIDE. 

Referred to Commerce Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Hoyle: 

S.B. 581, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO 
IMPROVE THE SANITATION PROGRAM FOR FOOD AND LODGING 
ESTABLISHMENTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Horton and Garrou: 

S.B. 582, A BILL TO BE ENTITLED AN ACT TO IMPROVE LAW 
ENFORCEMENT EFFORTS TO RECOVER STOLEN PROPERTY BY 
AUTHORIZING THE CHIEF OF POLICE OF WINSTON-SALEM TO REQUIRE 
PAWNBROKERS TO MAKE PAWN TICKET RECORDS AVAILABLE IN 
ELECTRONIC FORMAT. 

Referred to Judiciary II Committee. 

By Senators Rucho, Clodfelter, Dannelly and Odom: 

S.B. 583, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
ESTABLISHING THE CHARLOTTE FIREMEN'S RETIREMENT SYSTEM. 
Referred to Pensions & Retirement and Aging Committee. 






March 29, 1999 



224 SENATE JOURNAL [Session 

By Senators Lee and Kinnaird: 

S.B. 584, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
STUDENTS WITH LIMITED ENGLISH PROFICIENCY. 
Referred to Appropriations/Base Budget Committee. 

By Senators Lee and Dalton: 

S.B. 585, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE STATE SCHOOL TECHNOLOGY FUND. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 586, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING THE DISTRIBUTION OF TEXTBOOKS TO THE PUBLIC SCHOOLS. 
Referred to Education/Higher Education Committee. 

By Senators Lee and Dalton: 

S.B. 587, A BILL TO BE ENTITLED AN ACT DIRECTING THE JOINT 
LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO STUDY INCENTIVE 
BONUSES FOR TEACHERS TO TEACH FOR AT LEAST ONE YEAR IN A LOCAL 
SCHOOL ADMINISTRATIVE UNIT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hartsell: 

S.B. 588, A BILL TO BE ENTITLED AN ACT TO EARMARK ONE CENT OF 
THE STATE'S FOUR CENTS' SALES TAX FOR COUNTIES FOR PUBLIC SCHOOL 
CAPITAL OUTLAY. 

Referred to Finance Committee. 

By Senator Hartsell: 

S.B. 589, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CABARRUS 
COUNTY TO LEVY A ONE-CENT LOCAL SALES AND USE TAX FOR PUBLIC 
SCHOOL BUILDINGS, IF APPROVED BY THE VOTERS OF THE COUNTY. 

Referred to Finance Committee. 

By Senators Odom, Clodfelter and Foxx: 

S.B. 590, A BILL TO BE ENTITLED AN ACT TO CREATE THE CRIMINAL 
OFFENSE OF FALSE IMPERSONATION AND IDENTITY FRAUD. 
Referred to Judiciary I Committee. 

By Senators Cooper, Albertson, Carter, Dalton, Hoyle, Kinnaird, Lucas, Martin of 
Guilford, Odom, Perdue, Rand, Shaw of Cumberland and Soles: 

S.B. 591, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR MEMBERS OF 
THE CONSOLIDATED JUDICIAL RETIREMENT SYSTEM TO TRANSFER 
CREDITABLE SERVICE FROM THE TEACHERS' AND STATE EMPLOYEES' 
RETIREMENT SYSTEM AND THE LOCAL GOVERNMENTAL EMPLOYEES' 
RETIREMENT SYSTEM TO THE CONSOLIDATED JUDICIAL RETIREMENT 
SYSTEM. 

Referred to Pensions & Retirement and Aging Committee and upon a favorable 
report, re-referred to the Appropriations/Base Budget Committee. 

By Senators Garwood, Allran and Moore: 

S.B. 592, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

March 29, 1999 



1999] SENATE JOURNAL 225 

SUPPORT THE ACTIVITIES OF THE NORTHWEST REGION EDUCATION 
SERVICE ALLIANCE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Miller: 

S.B. 593, A BILL TO BE ENTITLED AN ACT TO IMPROVE AMBIENT AIR 
QUALITY BY AUTHORIZING THE ENVIRONMENTAL MANAGEMENT 
COMMISSION TO EXPAND THE MOTOR VEHICLE EMISSIONS INSPECTION 
PROGRAM. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Miller: 

S.B. 594, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAWS ON 
TITLE INSURANCE RATE MAKING, COMMERCIAL GENERAL LIABILITY 
POLICY EXTENDED REPORTING, AND INSURANCE FRAUD; TO MAKE A 
TECHNICAL CORRECTION IN THE LITTERING LAW; AND TO PROVIDE FOR 
UNIFORM APPLICATION OF NEW LAWS TO HEALTH BENEFIT PLANS. 

Referred to Insurance Committee. 

By Senator Martin of Pitt: 

S.B. 595, A BILL TO BE ENTITLED AN ACT TO MODIFY THE LAW 
CREATING THE NORTHEASTERN REGIONAL DEVELOPMENT COMMISSION. 
Referred to State and Local Government Committee. 

By Senator Robinson: 

S.B. 596, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE JACKSON 
COUNTY TO LEVY AN EXCISE TAX ON CONVEYANCES. 
Referred to Finance Committee. 



By Senators Robinson, Carter and Metcalf: 

S.B. 597, A BILL TO BE ENTITLED AN ACT TO ALLOW CERTIFICATION 
AND LICENSE REGULATION OF BUILDING INSPECTORS ON TRIBAL LANDS 
IN CHEROKEE, GRAHAM, HAYWOOD, JACKSON, AND SWAIN COUNTIES. 

Referred to State and Local Government Committee. 

By Senator Robinson: 

S.B. 598, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASSIST IN THE STABILIZATION AND RENOVATION OF THE HISTORIC 
JACKSON COUNTY COURTHOUSE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Robinson and Carpenter: 

S.B. 599, A BILL TO BE ENTITLED AN ACT AMENDING THE CHARTER OF 
THE CITY OF HENDERSONVILLE TO REFLECT CHANGES IN THE GENERAL 
LAW. 

Referred to Finance Committee. 

By Senators Kerr and Perdue: 

S.B. 600, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE 
DEPARTMENT OF TRANSPORTATION FROM INSTALLING ANY ADDITIONAL 
STOPLIGHTS ON A CERTAIN PORTION OF HIGHWAY U.S. 70. 

Referred to Transportation Committee. 

March 29, 1999 



226 SENATE JOURNAL [Session 

By Senators Rand, Ballance, Dannelly, Gulley and Martin of Guilford: 
S.B. 601, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
SECRETARY OF CORRECTION HAS SOLE AUTHORITY TO DESIGNATE THE 
UNIFORMS WORN BY INMATES CONFINED IN THE DIVISION OF PRISONS. 
Referred to Judiciary I Committee. 

By Senators Rand, Ballantine, Dannelly and Purcell: 

S.B. 602, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMMUNITY MEDIATION CENTERS ACROSS THE STATE. 
Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf, Carter and Garwood: 

S.B. 603, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT AND EXPAND THE WOMEN AT RISK PROGRAM. 
Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf and Carter: 

S.B. 604, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASHEVILLE-BUNCOMBE TECHNICAL COMMUNITY COLLEGE FOR THE 
RENOVATION AND RESTORATION OF FERNIHURST CULINARY AND 
HOSPITALITY CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf and Carter: 

S.B. 605, A BILL TO BE ENTITLED AN ACT TO VALIDATE A REFERENDUM 
CHANGING THE MANNER OF ELECTION OF THE BOARD OF COMMISSIONERS 
OF MADISON COUNTY, EFFECTIVE IN 2002, AS APPROVED BY THE VOTERS 
OF THAT COUNTY. 

Referred to State and Local Government Committee. 

By Senator Ballance: 

S.B. 606, A BILL TO BE ENTITLED AN ACT TO ESTABLISH TOURISM 
RESORTS AND TO AUTHORIZE THE ALCOHOLIC BEVERAGE CONTROL 
COMMISSION TO ISSUE PERMITS TO THESE ENTITIES AND TO PROHIBIT 
DISCRIMINATION BY ABC PERMITTEES. 

Referred to Commerce Committee. 

By Senator Ballance: 

S.B. 607, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE PERMITS TO 
SPORTS CLUBS. 

Referred to Commerce Committee. 

By Senators Gulley and Lucas: 

S.B. 608, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE WAKE COUNTY DEPARTMENT OF LIBRARY TO ESTABLISH A LIBRARY 
IN THE TOWN OF MORRISVILLE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Gulley: 

S.B. 609, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE 13TH 

March 29, 1999 



1999] SENATE JOURNAL 227 

SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 610, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE 13TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 611, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE 13TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 612, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE 13TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 613, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE 13TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Purcell, Albertson, Clodfelter, Forrester, Gulley, Lucas, Miller and 
Phillips: 

S.B. 614, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
IMMUNIZATION LAWS PERTAINING TO ADMINISTRATION AND REPORTING 
OF IMMUNIZATIONS, CERTIFICATES OF IMMUNIZATIONS RECEIVED IN 
OTHER STATES, SUBMISSION OF IMMUNIZATION CERTIFICATES TO CHILD 
CARE FACILITIES AND PRESCHOOL AUTHORITIES, AND TO MAKE OTHER 
TECHNICAL CHANGES TO THE IMMUNIZATION STATUTES. 

Referred to Health Care Committee. 

By Senators Purcell, Albertson, Carter, Clodfelter, Forrester, Gulley, Lucas, Metcalf, 
Miller, Phillips and Rucho: 

S.B. 615, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT ADDITIONAL 
DENTAL BENEFITS BE PROVIDED UNDER THE HEALTH INSURANCE 
PROGRAM FOR CHILDREN. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Carter, Garrou, Hagan, Harris, Hoyle, Kerr, Kinnaird, Martin of 
Pitt, Metcalf, Warren and Wellons: 

S.B. 616, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
FUND ANTICIPATED GROWTH IN ENROLLMENT IN THE COMMUNITY 
COLLEGE SYSTEM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Albertson, Carter, Garrou, Gulley, Hagan, Harris, Hoyle, Kerr, 
Kinnaird, Lee, Lucas, Martin of Guilford, Martin of Pitt, Metcalf, Purcell, Warren, 
Weinstein and Wellons: 

S.B. 617, A BILL TO BE ENTITLED AN ACT AMENDING THE STATE 
PERSONNEL ACT TO PROVIDE THAT COST-OF-LIVING ADJUSTMENTS ARE 

March 29, 1999 



228 SENATE JOURNAL [Session 

NOT AWARDED TO STATE EMPLOYEES INVOLVED IN THE FINAL STAGE OF 
THE DISCIPLINARY PROCEDURE AND TO PROVIDE THAT THE ADJUSTMENTS 
REFLECT INCREASES IN THE CONSUMER PRICE INDEX. 

Referred to State and Local Government Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 62, A BILL TO BE ENTITLED AN ACT TO REQUIRE CORPORATIONS 
THAT ARE REQUIRED TO PAY FEDERAL-ESTIMATED INCOME TAX BY 
ELECTRONIC FUNDS TRANSFER TO PAY STATE-ESTIMATED INCOME TAX 
BY ELECTRONIC FUNDS TRANSFER. 

Referred to Finance Committee. 

H.B. 221 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTERS OF THE TOWN OF YAUPON BEACH AND 
THE TOWN OF LONG BEACH AND ESTABLISH A CHARTER FOR THE 
CONSOLIDATED TOWN OF OAK ISLAND. 

Referred to Finance Committee. 

H.B. 274 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW REGARDING CERTIFICATION AND EMPLOYMENT OF ASSISTANT 
PRINCIPALS. 

Referred to Education/Higher Education Committee. 

ADDITIONAL SPONSORS 

Senator Cooper and Senator Purcell request to be added as a sponsor of previously 
introduced legislation: 

S.B. 519, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA FOR 
THE TEACHER ACADEMY. 

CALENDAR 

A bill on tonight's Calendar is taken up and disposed of, as follows: 

S.B. 233 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THE DEPARTMENT OF TRANSPORTATION TO CARRY OVER ANY 
UNSPENT TRANSPORTATION IMPROVEMENT PROGRAM EQUITY REGION 
ALLOCATION TO THE NEXT YEAR, TO AUTHORIZE LOANS OF UNSPENT 
EQUITY REGION ALLOCATIONS TO OTHER EQUITY REGIONS AND TO 
REQUIRE THE DEPARTMENT OF TRANSPORTATION TO DEMONSTRATE 
COMPLIANCE WITH THE HIGHWAY TRUST FUND EQUITY REGION FORMULA 
BY SUBMITTING YEARLY REPORTS DOCUMENTING ALLOCATIONS AND 
SPENDING BY EQUITY REGION. 

The Committee Substitute bill passes its second reading (41-0). 

March 29, 1999 



1999] SENATE JOURNAL 229 

Senator Shaw of Cumberland objects to third reading of the measure. Pursuant to 
Rule 50, the President orders the measure placed on the Calendar for tomorrow, Tuesday, 
March 30. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Frank Fisher Coan, Jr., Winston-Salem; Barbara Lee Cobb, Raleigh; Michelle Lynn 
Cobb, Raleigh; Larry J. Eason II, Bladenboro; Jeremy Goldsmith, Wendell; Mary 
Elizabeth McGinnis Hadley, Raleigh; Alecia Ward Hardy, Raleigh; Andrew Headd, 
Smithfield; Daniel Perry Hinsley, New Hill; James Banner Lassiter, Winston-Salem; 
Rochelle Lynnette Lassiter, Edenton; Lindsay Allison Sewell, Marion; Vergil J. 
Shamberger, Robbins; Elizabeth Whitley, Raleigh; and Jamie L. Wolfe, Wilson. 

Upon motion of Senator Basnight, seconded by Senator Clodfelter, the Senate 
adjourns at 7:37 P.M. to meet tomorrow, Tuesday, March 30, at 3:00 P.M. 



THIRTY-SIXTH DAY 

Senate Chamber 
Tuesday, March 30, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of all wisdom, Scripture tells us that the eye is the window to the soul, and that if 
our eye is sound, so shall our bodies be as well. 

"When we open our eyes from this brief moment of prayer, we pray that our gaze may 
be strong and true. May our eyes convey purity, joy and truth, never deceit. May they 
never sully the ones on whom they come to rest. May our eyes never dim to the 
oppression of those in our midst who suffer. May they never become too weak to express 
our righteous indignation at the world's injustice, nor too strong to shed tears of 
compassion for those in bondage. 

"Open our eyes. Illuminate our hearts that we may know Your divine presence in all 
things seen and unseen. We pray in Your Holy Name. Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Carpenter, Senator Shaw of Guilford, and Senator Weinstein. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, March 29, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert Coy Turner 
from Greenville, North Carolina, who is serving the Senate as Doctor of the Day. 

March 30, 1999 



230 SENATE JOURNAL [Session 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled, and 
presented to the Office of the Secretary of State: 

S.B. 156, AN ACT TO REMOVE THE SUNSET ON THE AUTHORITY OF THE 
LAKE ROYALE COMMUNITY IN FRANKLIN AND NASH COUNTIES TO 
REGULATE THE OPERATION OF CERTAIN MOTOR VEHICLES AND TO 
ENHANCE THAT AUTHORITY. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

S.B. 33, AN ACT CONCERNING ANNEXATION OF CERTAIN PROPERTY BY 
THE TOWN OF CLAYTON. (Became law upon ratification, March 29, 1999 - 
S.L. 1999-10.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 560, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT MARKETS 
THAT SELL UNCOOKED CURED COUNTRY HAM OR UNCOOKED CURED 
SALTED PORK THAT INVOLVES CERTAIN MINIMAL PREPARATION ARE 
EXEMPT FROM REGULATION UNDER CHAPTER 130A OF THE GENERAL 
STATUTES WHEN THAT MINIMAL PREPARATION IS THE ONLY ACTIVITY 
THAT WOULD SUBJECT THESE MARKETS TO SUCH REGULATION, with a 
favorable report. 

With unanimous consent, upon motion of Senator Rand, the rules are suspended and 
the bill is placed before the Senate for immediate consideration. 

The bill passes its second (45-0) and third readings and is ordered, without objection, 
sent by special message to the House of Representatives. 

By Senator Miller for the Judiciary II Committee: 

S.B. 414, A BILL TO BE ENTITLED AN ACT TO CLOSE A LOOPHOLE IN THE 
MINIMUM HOUSING STANDARDS ACT AS IT APPLIES TO MUNICIPALITIES 
LOCATED IN COUNTIES WITH POPULATIONS IN EXCESS OF FIFTY-EIGHT 
THOUSAND PEOPLE BY THE LAST CENSUS WHERE THE OWNER CAN AVOID 
ORDERS TO REPAIR, REMOVE, OR DEMOLISH A RENTAL UNIT BY SIMPLY 
CLOSING IT, with a favorable report. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 

March 30, 1999 



1 999] SENATE JOURNAL 23 1 

disposed of, as follows: 

S.B. 62 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
VALIDATE CERTAIN NOTARIAL ACTS, for concurrence in the House Committee 
Substitute bill, which is placed on the Calendar for tomorrow, Wednesday, March 31. 

H.B. 19 (Committee Substitute No. 2), A BILL TO BE ENTITLED AN ACT TO 
PROHIBIT CASINO BOATS FROM OPERATING IN NORTH CAROLINA, TO 
REGULATE CERTAIN GAMBLING BOATS THAT OPERATE IN NORTH 
CAROLINA PURSUANT TO FEDERAL LAW, TO LEVY A PRIVILEGE TAX ON 
GAMBLING BOATS OPERATING IN NORTH CAROLINA, AND TO REQUIRE 
WITHHOLDING FROM CERTAIN GAMBLING BOAT WINNINGS 

Referred to Commerce Committee and upon a favorable report, re-referred to the 
Finance Committee. 

H.B. 56 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ELIMINATE THE USE OF STAMPS TO INDICATE WHETHER THE EXCISE TAX 
ON CONVEYANCES HAS BEEN PAID AND TO MAKE THE PENALTIES THAT 
APPLY TO THIS TAX THE SAME AS FOR OTHER TAXES. 

Referred to Finance Committee. 

H.B. 149, A BILL TO BE ENTITLED AN ACT TO REDUCE THE PISTOL 
PERMIT FEE IN PITT COUNTY FROM TWENTY DOLLARS TO FIVE DOLLARS. 
Referred to State and Local Government Committee. 

H.B. 202 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE PROFESSIONAL CORPORATION ACT TO PERMIT CERTAIN EMPLOYEE 
RETIREMENT PLANS TO HOLD SECURITIES AS A LICENSEE AND TO REVISE 
THE DEFINITION OF A FOREIGN PROFESSIONAL CORPORATION THAT MAY 
BE AUTHORIZED TO DO BUSINESS IN THIS STATE, AS RECOMMENDED BY 
THE GENERAL STATUTES COMMISSION. 

Referred to Judiciary I Committee. 

H.B. 226 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THAT A NOTICE OF FORECLOSURE HEARING INCLUDE 
ADDITIONAL INFORMATION, AS RECOMMENDED BY THE GENERAL 
STATUTES COMMISSION. 

Referred to Judiciary II Committee. 

H.B. 334, A BILL TO BE ENTITLED AN ACT TO REPEAL CERTAIN 
OBSOLETE AGRICULTURAL STATUTES. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 371 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ADD 
SEVERAL COUNTIES TO THOSE COUNTIES IN WHICH IT IS UNLAWFUL TO 
REMOVE OR DESTROY ELECTRONIC COLLARS ON DOGS. 

Referred to State and Local Government Committee. 

H.B. 429, A BILL TO BE ENTITLED AN ACT TO VALIDATE A REFERENDUM 
CHANGING THE MANNER OF ELECTION OF THE BOARD OF COMMISSIONERS 
OF MADISON COUNTY, EFFECTIVE IN 2002, AS APPROVED BY THE VOTERS 

March 30, 1999 



232 SENATE JOURNAL [Session 

OF THAT COUNTY. 

Referred to State and Local Government Committee. 

H.B. 437, A BILL TO BE ENTITLED AN ACT AMENDING THE STATUTORY 
DEFINITION OF "SUBDIVISION" FOR THE PURPOSE OF SUBDIVISION 
REGULATION IN JONES COUNTY. 

Referred to State and Local Government Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 18 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTER OF THE TOWN OF CARTHAGE. 

The President orders, without objection, the Committee Substitute bill temporarily 
displaced. 

S.B. 333 (Committee Substitute), A BILL TO BE ENTITLED AN ACT RELATING 
TO THE MEMBERSHIP OF STATUTORILY CREATED DECISION-MAKING OR 
REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES; 
PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO THE 
APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENSURE PROPORTIONATE 
REPRESENTATION OF WOMEN; REQUIRING ANNUAL REPORTS; AND 
REQUIRING RETENTION OF CERTAIN INFORMATION REGARDING 
APPLICANTS. 

With unanimous consent, upon motion of Senator Kinnaird, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Wednesday, 
March 3 1 . 

WITHDRAWAL FROM CALENDAR 

S.B. 333 (Committee Substitute), A BILL TO BE ENTITLED AN ACT RELATING 
TO THE MEMBERSHIP OF STATUTORILY CREATED DECISION-MAKING OR 
REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES; 
PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO THE 
APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENSURE PROPORTIONATE 
REPRESENTATION OF WOMEN; REQUIRING ANNUAL REPORTS; AND 
REQUIRING RETENTION OF CERTAIN INFORMATION REGARDING 
APPLICANTS. 

Senator Kinnaird offers a motion that the Committee Substitute bill be withdrawn from 
the Calendar for Wednesday, March 31, and re-referred to the State and Local 
Government Committee, which motion prevails with unanimous consent. 

The Chair orders the Committee Substitute bill withdrawn from the Calendar for 
Wednesday, March 31, and re-refers the measure to the State and Local Government 
Committee. 

S.B. 272 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE CITY OF WILMINGTON AND THE TOWNS OF 
HUNTERSVILLE AND MATTHEWS TO USE PHOTOGRAPHIC IMAGES AS 
PRIMA FACIE EVIDENCE OF A TRAFFIC VIOLATION. 

The Committee Substitute bill passes its second and third readings. 

Having voted in the majority, Senator Warren offers a motion that the vote by which 

March 30, 1999 



1999] SENATE JOURNAL 233 

the Committee Substitute bill passed its third reading be reconsidered, which motion 
prevails, and the question becomes the passage of the measure upon third reading. 

Senator Warren offers Amendment No. 1 which is adopted (45-1), and changes the 
title to read S.B. 272 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE CITIES OF WILMINGTON AND GREENVILLE, AND THE 
TOWNS OF HUNTERSVILLE AND MATTHEWS, TO USE PHOTOGRAPHIC 
IMAGES AS PRIMA FACIE EVIDENCE OF A TRAFFIC VIOLATION. 

The Committee Substitute bill, as amended, passes its third reading and is ordered 
engrossed and sent to the House of Representatives. 

COURTESIES 

Upon motion of Senator Shaw of Cumberland, privileges of the floor are extended to 
His Majesty King Goodwill Zwelithini of the Kingdom of KwaZulu Natal, Republic of 
South Africa; Her Majesty Queen Mantfombi Zwelithini; Mr. S. S. Mathe, the King's 
Legal Advisor; Mr. N. Si thole, the King 's Secretary; Mrs. B M. Ngwenya, Security; Mr. J. 
P. Bezeidenhout, Security; Mr. O. Ndlozi, Security; Mr. T. Ndlovu, Security; Mr. 
Mdletshe; and Mr. Bob Brown, host. 

Upon motion of Senator Basnight, the remarks from King Zwelithini and others are 
spread upon the Journal as follows: 

Senator Shaw of Cumberland: 

"Thank you Lieutenant Governor. Lieutenant Governor, Mr. President, members of 
the Senate, distinguished ladies and gentlemen, I bring you greetings. Had I so desired I 
could have made you all a single people and a single nation, but I made you tribes and 
nations so that you may know each other. Mr. President and members, this more than 
ever, is an example of what the global village is all about, as evidenced by the truth we are 
witnessing here today in the presence of our special dignitaries. To His King Majesty, 
Goodwill Zwelithini, and to Her Majesty the Queen Mantfombi Zwelithini, it is with the 
great pride of this State and with the humbleness of this office that we welcome you and 
your delegation to the great State of North Carolina. Mr. President and Lieutenant 
Governor, I want to thank you and your excellent staff for all the assistance you have 
given to make this matter a reality. We also would like to thank the members of the 
Legislative Black Caucus for their sponsorship of this event. Before I turn the 
introductions over to my friend and mentor Bob Brown, I would like to share a few 
significant thoughts. The King is a direct descendant of Shaka. There have been four 
movies made about King Shaka and the resistance they put up to the British colonization. 
Some have compared him with the great military genius of Alexander the Great, 
Napoleon, Hannibal, and Genghis Kong. He was a nation builder and a man of great 
vision. At this point and time, I would like to ask my good friend and mentor, Bob 
Brown, former President, former aid to President Nixon and President Reagan, 
Ambassador Nominee to South Africa, and our very own Board of Governors member, if 
he will come forth for a few words. Mr. President, I ask that he be recognized." 

Mr. Bob Brown: 

"Thank you very much. This is a very emotional period for me because this is the 
State I was born in, I was raised in, and I've seen so many things happen here. North 
Carolina is a great place to live and I live here by choice. And I want to say without 
further ado that I'm grateful to Larry and to Senator Shaw and to all of you for this day. 
King Goodwill is a friend who rules very justly over his people in Southern Africa. King 
Zwelithini is a man of great stature and a man of great humility who rules almost nine 

March 30, 1999 



234 SENATE JOURNAL [Session 

million people in the southern part of Africa. The Zulu nation consists of more than 380 
tribes in southern Africa. And he, as Larry has indicated, is a direct descendant is the 
great-grandson of Shaka Zulu. The King is a King of peace. He is a King who wants to 
see things happen for his people and for his country. And for that reason we have been 
able to work very closely with him and to work very closely with his government. And 
we are grateful today to have him in the State of North Carolina and for your graciousness 
for having him here. So without further ado, I present to you the King of the Zulu Nation, 
King Goodwill Zwelithini." 

King Zwelithini: 

"Thank you, Mr. President, honorable Members of the Senate, distinguished guests, 
ladies and gentlemen. I am most pleased to have this opportunity to address you this 
afternoon. I'd like actually to bring you some warm greetings from the people of the 
Republic of South Africa and in particular my people in KwaZulu-Natal. It is indeed 
events like our gathering here today which are constant reminders to ourselves coming 
from the continent of Africa that our offspring are all over the world. I bring to you the 
pride of your African brothers and sisters, the pride of tradition of leaders and their 
subjects from the African continent. As we gather here today, I'm able to feel that their 
spirits are with us. I'd like to first give you a brief summary of the government in South 
Africa and the continent as I see them. While some of you read a lot of published 
materials daily, I will not assume that we share the same understanding. Since the election 
of the Democratic South Africa in 1994, fundamental changes have been engaged in the 
fiber of this South African society. President Mandela, the government of the society as a 
whole must be commended for a job well done. Mr. President, honorable members, 
Senators, I wish you to know that I represent a long and heroic history. I represent our 
African traditions, values and customs. Here I do not refer to the ... interpretation of that 
history which is still very dominant in our libraries and ways of knowing about Africa. 
My great grandfather was King Senzangakhona. He's today a well-known leader in 
contrast to how he was presented by European historians with cultural supremacist 
agendas. Mr. President, today I meet members of the Senate when there is a call for an 
African unity. This call is presently spearheaded by our Vice President . . . and it seems to 
enhance the process of reconstruction and the government of the African continent. In 
that context, honorable Members, the process is only beginning in Africa wherein we must 
mobilize our traditional societies, rural and urban, behind in the process of cultural 
reconstruction and development. Africa is a continent and Africans internationally will 
never be free until this history has been rewritten, archived, and then engraved into the 
way of life for Africans in Africa. Our own cultural values and traditions must be the 
fundamental bases from which to reconstruct our societies. It is with an open dialogue 
such as this one and a sincere effort and the usual understanding and investment that will 
bear the most fruit for all. Thank you all and may God bless America and the people of 
South Africa. At this juncture I'd like to invite a few of the people who have contributed a 
lot towards the project that we have received from our brothers in the United States, just 
some small token from my office, which is myself and I'd like my legal advisor to call 
some certain friends of ours who should come and receive those tokens." 

Mr. S. S. Mathe, Legal Advisor: 

"Your Majesty, Mr. President, and Senators by direction of His Majesty, I'm going to 
call out names of persons who are being recognized by His Majesty in appreciation of the 
services and contribution to the people of the Zulu Nation and the Republic of South 
Africa. The first name is that of Lieutenant Governor Dennis Wicker; Senator Frank 
Ballance; Senator Marc Basnight; Governor James Hunt; Senator Larry Shaw. 

March 30, 1999 



1999] SENATE JOURNAL 235 

Senator Basnight: 

"If it would be appropriate, Mr. President, at this time, this is a message from our 
Governor to His Majesty the King. 

" 'As Governor, it is indeed my pleasure to extend a warm welcome to North Carolina 
and to Raleigh, our State's capital. Visits such as this are an invaluable way of fostering 
friendships in our ever-shrinking global society. We are honored to have you as our guest. 
Bridges of understanding and friendship are very essential. It is through exchange of 
information such as your mission, Books Smart Partnership with Guilford County, that we 
have the greatest opportunity to form lasting relationships with you and become familiar 
with your fascinating Zulu culture. We are fortunate to live in a wonderful State and I 
invite you to enjoy all of North Carolina of which it has to offer. Mrs. Hunt joins me in 
extending a cordial invitation for you to come back and join with us again. My warmest 
and personal regards, the Governor of the great State of North Carolina, James B. 
Hunt Jr.' 

"Also, your Majesty, if I may, from Bailey, North Carolina, this very special piece of 
pottery that was handmade on the wheel, we give to you on behalf of all the Members of 
the State Senate of North Carolina. And also to the Queen this little small badge of beauty 
of this State which is our dogwood flower, which is a State flower itself. So on behalf of 
the Members of the Senate, to you, Her Majesty the Queen." 

Lieutenant Governor: 

"Your Majesty, Queen of Zulu, let me welcome you officially to this great Body and 
of course to this great State. I am somewhat reluctant to say this to you but I will. There 
have been many people, I think, that have come to this General Assembly that felt like 
they were Kings and Queens but I believe you and the Queen are the first time we've had 
a real King or Queen visit us, and you do us honor. We're very grateful that you would 
come here. We are grateful for your comments, for the comradery that you are obviously 
trying to establish between our State and your Country, and we all want you to know that 
we wish you the best of luck in your endeavors for economic development and prosperity 
in the Zulu nation. I would like if you would, Queen, madam if you would step up here 
and let me present to both of you the State flag. We take a great deal of pride in our flag 
because it is very colorful and I am very happy to report that we have at least two out of 
the three colors that represent Africa. As you know we have the black for the people, we 
have, of course, the red for the blood. What we do lack is the green for the land. We'll 
work on that. But I do want to thank both of you very much and we wish you God's speed 
in all your endeavors and travels. Thank you very much. We love you." 

CALENDAR (Continued) 

S.B. 128 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW CONCERNING INTEREST ON MONEY JUDGMENTS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

Senator Hartsell offers Amendment No. 1 which is adopted (46-0), and changes the 
title to read S.B. 128 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW CONCERNING INTEREST ON MONEY JUDGMENTS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO 
ALLOW INTEREST ON JUDGMENTS ON PENAL BONDS. 

The Committee Substitute bill, as amended, passes its second reading (46-0). 

Senator Hartsell objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, March 31. 

S.B. 178, A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS THE NORTH 

March 30, 1999 



236 SENATE JOURNAL [Session 

CAROLINA UNIFORM PRUDENT INVESTOR ACT, AS RECOMMENDED BY THE 
GENERAL STATUTES COMMISSION. 

The bill passes its second reading (45-0). 

Senator Hartsell objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, March 3 1 . 

S.B. 255 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE STATE LAW REQUIRING STATE AGENCIES TO REDUCE THE 
NUMBER OF MENUS ON AUTOMATED PHONE SYSTEMS AND TO REQUIRE 
STATE AGENCIES TO REPORT ON THEIR COMPLIANCE WITH THAT LAW. 

The Committee Substitute bill passes its second reading (46-0). 

Senator Albertson objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, March 3 1 . 

S.B. 329 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MAKE 
NORTH CAROLINA'S LAPSE STATUTE LESS RESTRICTIVE. 

The Committee Substitute bill passes its second reading (45-0). 

Senator Ballantine objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, March 3 1 . 

S.B. 393 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE RULES OF CIVIL PROCEDURE TO REQUIRE BRIEFS AND MEMORANDA 
IN SUPPORT OF DISPOSITIVE MOTIONS TO BE SERVED UPON ALL PARTIES 
AND TO REQUIRE WRITTEN MOTIONS TO STATE THE GROUNDS FOR THE 
MOTION WITH PARTICULARITY. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, who 
presides in the absence of the Lieutenant Governor. 

The Committee Substitute bill passes its second reading (43-2). 

Senator Kerr objects to third reading of the measure. Pursuant to Rule 50, the President 
Pro Tempore orders the measure placed on the Calendar for tomorrow, Wednesday, March 31. 

S.B. 233 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THE DEPARTMENT OF TRANSPORTATION TO CARRY OVER ANY 
UNSPENT TRANSPORTATION IMPROVEMENT PROGRAM EQUITY REGION 
ALLOCATION TO THE NEXT YEAR, TO AUTHORIZE LOANS OF UNSPENT 
EQUITY REGION ALLOCATIONS TO OTHER EQUITY REGIONS AND TO 
REQUIRE THE DEPARTMENT OF TRANSPORTATION TO DEMONSTRATE 
COMPLIANCE WITH THE HIGHWAY TRUST FUND EQUITY REGION FORMULA 
BY SUBMITTING YEARLY REPORTS DOCUMENTING ALLOCATIONS AND 
SPENDING BY EQUITY REGION. 

The Committee Substitute bill passes its third reading (45-0) and is ordered sent to the 
House of Representatives. 

S.B. 18 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTER OF THE TOWN OF CARTHAGE, temporarily 
displaced earlier. 

With unanimous consent, upon motion of Senator Kerr, the Committee Substitute bill 
is withdrawn from today's Calendar and is re-referred to the Finance Committee. 

ADDITIONAL SPONSOR 

Senator Allran requests to be added as a sponsor of previously introduced legislation: 

March 30, 1999 



1999] SENATE JOURNAL 237 

S.B. 603, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT AND EXPAND THE WOMEN AT RISK PROGRAM. 

Upon motion of Senator Ballance, seconded by Senator Lee, the Senate adjourns 
subject to introduction of bills, in honor of King Goodwill Zwelithini, to meet tomorrow, 
Wednesday, March 31, at 3:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senator Carpenter: 

S.B. 618, A BILL TO BE ENTITLED AN ACT TO ENABLE THE COUNTY OF 
MACON TO ESTABLISH AN AIRPORT AUTHORITY FOR THE MAINTENANCE 
OF AIRPORT FACILITIES IN THE COUNTY. 

Referred to Finance Committee. 

By Senator Miller: 

S.B. 619, A BILL TO BE ENTITLED AN ACT CONCERNING SATELLITE 
ANNEXATIONS BY THE TOWN OF FUQUAY-VARINA. 
Referred to Finance Committee. 

By Senator Lee: 

S.B. 620, A BILL TO BE ENTITLED AN ACT TO ALLOW PROFESSIONAL 
CORPORATIONS TO BE FORMED BETWEEN ANY PHYSICIAN AND CERTAIN 
NURSING SPECIALISTS, SOCIAL WORKERS, AND COUNSELORS. 

Referred to Health Care Committee. 

By Senator Kerr: 

S.B. 621, A BILL TO BE ENTITLED AN ACT RELATING TO THE EIGHTH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kerr: 

S.B. 622, A BILL TO BE ENTITLED AN ACT TO IMPOSE ADDITIONAL FEES 
AND COSTS AND TO INCREASE EXISTING FEES COLLECTED UNDER THE 
NURSING HOME ADMINISTRATORS BOARD ACT. 

Referred to Finance Committee. 

By Senator Kerr: 

S.B. 623, A BILL TO BE ENTITLED AN ACT TO PROVIDE MOTOR FUEL TAX 
EQUITY TO FACILITATE THE USE OF CLEAN BURNING FUELS. 
Referred to Finance Committee. 

By Senators Lucas, Ballance, Dannelly, Gulley, Jordan, Perdue, Purcell and Shaw of 
Cumberland: 

S.B. 624, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASSIST IN THE ESTABLISHMENT OF HEALTHY CAROLINIAN PARTNERSHIP 
INITIATIVES IN EACH COUNTY. 

Referred to Appropriations/Base Budget Committee. 

March 30, 1999 



238 SENATE JOURNAL [Session 

By Senators Lucas and Gulley: 

S.B. 625, A BILL TO BE ENTITLED AN ACT TO REPEAL AN OBSOLETE 
SECTION OF THE CHARTER OF THE CITY OF DURHAM REGARDING THE 
PRIVILEGE LICENSE TAX YEAR. 

Referred to State and Local Government Committee. 

By Senators Lucas and Gulley: 

S.B. 626, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DURHAM 
CITY COUNCIL TO DELEGATE TO CITY DEPARTMENTS THE AUTHORITY TO 
APPROVE FIREWORKS DISPLAYS. 

Referred to State and Local Government Committee. 

By Senators Lucas and Gulley: 

S.B. 627, A BILL TO BE ENTITLED AN ACT TO PERMIT THE DURHAM CITY 
COUNCIL TO AUTHORIZE DEPUTY AND ASSISTANT CITY MANAGERS TO 
MAKE AND EXECUTE CONTRACTS. 

Referred to State and Local Government Committee. 

By Senators Kinnaird and Lee: 

S.B. 628, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASSIST THE ARTS CENTER IN THE TOWN OF CARRBORO WITH FACILITY 
REPAIRS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 629, A BILL TO BE ENTITLED AN ACT REQUIRING THE DEPARTMENT 
OF HEALTH AND HUMAN SERVICES TO ALLOCATE FUNDS FOR A 
MAINTENANCE SHOP AT THE NORTH CAROLINA SCHOOL FOR THE DEAF. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 630, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A FACILITY FOR USE AS A MAINTENANCE SHOP 
AND STORAGE BUILDING AT THE EASTERN NORTH CAROLINA SCHOOL FOR 
THE DEAF. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 631, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE EXPANSION OF THE IMAGINATION STATION SCIENCE MUSEUM IN THE 
CITY OF WILSON. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 632, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CAPITAL IMPROVEMENTS AT THE NORTH CAROLINA SPECIAL CARE 
CENTER IN WILSON COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 633, A BILL TO BE ENTITLED AN ACT REQUIRING THE DEPARTMENT 
OF HEALTH AND HUMAN SERVICES TO ALLOCATE FUNDS FOR CAPITAL 

March 30, 1999 



1999] SENATE JOURNAL 239 

IMPROVEMENTS AT THE NORTH CAROLINA SPECIAL CARE CENTER. 
Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 634, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
WILSON COUNTY FOR THE CONSTRUCTION OF THE TRIANGLE EAST 
BUSINESS EXPOSITION CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Cooper and Martin of Pitt: 

S.B. 635, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
RENOVATE THE WILSON OPPORTUNITIES INDUSTRIALIZATION CENTER'S 
FACILITY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Kerr, Albertson, Carter, Dalton, Harris, Hoyle, Martin of Pitt, Phillips, 
Soles, Warren and Wellons: 

S.B. 636, A BILL TO BE ENTITLED AN ACT TO INCREASE THE DEATH 
BENEFIT FOR LAW ENFORCEMENT OFFICERS, FIREMEN, RESCUE SQUAD 
WORKERS, AND SENIOR CIVIL AIR PATROL MEMBERS KILLED IN THE LINE 
OF DUTY. 

Referred to Pensions & Retirement and Aging Committee and upon a favorable 
report, re-referred to the Appropriations/Base Budget Committee. 

By Senators Rand, Cooper and Gulley: 

S.B. 637, A BILL TO BE ENTITLED AN ACT TO EXPAND THE LAW OF 
ASSAULT TO PROTECT SCHOOL PERSONNEL AND SCHOOL VOLUNTEERS. 
Referred to Judiciary I Committee. 

By Senators Rand, Cooper and Kerr: 

S.B. 638, A BILL TO BE ENTITLED AN ACT TO REDEFINE "EMPLOYEE" AND 
"EMPLOYER" IN THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT 
SYSTEM. 

Referred to Pensions & Retirement and Aging Committee. 

By Senator Robinson: 

S.B. 639, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
PLANNING AND DESIGN AND DEVELOPING ADDITIONAL JUDICIAL 
FACILITIES IN HAYWOOD COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Robinson: 

S.B. 640, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE JACKSON AND 
SWAIN COUNTIES TO LEVY A SALES AND USE TAX OF ONE PERCENT. 
Referred to Finance Committee. 

By Senator Robinson: 

S.B. 641, A BILL TO BE ENTITLED AN ACT TO REQUIRE FINANCIAL 
INSTITUTIONS TO INFORM CUSTOMERS OPENING JOINT ACCOUNTS WITH 
RIGHT OF SURVIVORSHIP THAT THE FUNDS HELD IN THE ACCOUNT WILL 
NOT PASS BY INHERITANCE TO THE HEIRS OF THE DECEASED JOINT OWNER 

March 30, 1999 



240 SENATE JOURNAL [Session 

OR BE CONTROLLED BY THE DECEASED JOINT OWNER'S WILL. 
Referred to Commerce Committee. 

By Senator Robinson: 

S.B. 642, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
CONSTRUCT A NEW FACILITY FOR TRANSYLVANIA VOCATIONAL 
SERVICES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 643, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
GOVERNING INSURANCE PREMIUM FINANCING. 
Referred to Insurance Committee. 

By Senator Martin of Pitt: 

S.B. 644, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
WASHINGTON COUNTY FOR THE STUDY AND DESIGN PHASE OF 
RENOVATING THE CURRENT WASHINGTON COUNTY LIBRARY OR 
CONSTRUCTING A NEW LIBRARY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Martin of Pitt: 

S.B. 645, A BILL TO BE ENTITLED AN ACT ADDING CERTAIN DESCRIBED 
PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF PARMELE. 
Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 646, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES FOR MARTIN COMMUNITY 
COLLEGE FOR PHASE II CONSTRUCTION OF THE FAMILY LEARNING 
CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senator Martin of Pitt: 

S.B. 647, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
WASHINGTON COUNTY TO RENOVATE ITS HISTORIC COURTHOUSE. 
Referred to Appropriations/Base Budget Committee. 

By Senators Phillips, Albertson, Ballance, Carpenter, Carter, Clodfelter, Cochrane, 
Dalton, Dannelly, Forrester, Garrou, Gulley, Hagan, Hartsell, Hoyle, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Guilford, Metcalf, Miller, Purcell, Rand, Reeves, 
Robinson, Warren and Wellons: 

S.B. 648, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A FUNDING 
FORMULA TO PROVIDE ONGOING INCREASES TO AREA MENTAL HEALTH, 
DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES 
PROGRAMS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Harris: 

S.B. 649, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASSIST IN PURCHASING A NEW BUILDING TO RELOCATE THE ANGIER 

March 30, 1999 



1 999] SENATE JOURNAL 24 1 

AREA PUBLIC LIBRARY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Harris: 

S.B. 650, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ASSIST THE TOWN OF FOUR OAKS TO CONSTRUCT A NEW TOWN HALL. 
Referred to Appropriations/Base Budget Committee. 

By Senator Harris: 

S.B. 651, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH A REGIONAL EMERGENCY SERVICES TRAINING FACILITY AT 
CENTRAL CAROLINA COMMUNITY COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Gulley and Lucas: 

S.B. 652, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL 
OFFENSE IN DURHAM COUNTY TO FRAUDULENTLY OBTAIN AMBULANCE 
SERVICES. 

Referred to Judiciary I Committee. 

By Senators Gulley and Lucas: 

S.B. 653, A BILL TO BE ENTITLED AN ACT RELATING TO INVESTMENT OF 
HEALTH TRUST FUND MONIES BY THE COUNTY OF DURHAM. 
Referred to Finance Committee. 

By Senator Gulley: 

S.B. 654, A BILL TO BE ENTITLED AN ACT TO RESTORE THE PRE- 1995 LAW 
ON DISPOSAL OF PROPERTY AND LIENS RELATING TO MANUFACTURED 
HOUSING. 

Referred to Commerce Committee. 

By Senator Gulley: 

S.B. 655, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE 13TH 
SENATORIAL DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 656, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
CORRECTIONS TO CERTAIN CRIMINAL LAWS AND TO AMEND THE 
CRIMINAL PENALTIES FOR CERTAIN CRIMINAL LAWS AS RECOMMENDED 
BY THE NORTH CAROLINA SENTENCING AND POLICY ADVISORY 
COMMISSION. 

Referred to Judiciary I Committee. 

By Senator Gulley: 

S.B. 657, A BILL TO BE ENTITLED AN ACT TO CHANGE THE LIMITATION 
WITHIN WHICH A PRODUCT LIABILITY CASE MAY BE BROUGHT FROM SIX 
YEARS TO FIFTEEN YEARS AFTER THE DATE OF PURCHASE. 

Referred to Judiciary I Committee. 

By Senators Dalton, Cochrane, Hartsell, Metcalf, Purcell and Wellons: 

S.B. 658, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 

March 30, 1999 



242 SENATE JOURNAL [Session 

THE LAW PROVIDING THAT CERTAIN SECONDARY SUPPLIERS OF ELECTRIC 
SERVICE MAY FURNISH SERVICE WITHIN THE CORPORATE LIMITS OF A 
CITY WITH WRITTEN CONSENT FROM THE CITY, ALLOWING THE BOARD OF 
AN ELECTRIC MEMBERSHIP CORPORATION TO VOTE BY PROXY ON 
DECISIONS TO ENCUMBER CORPORATE PROPERTY OR TO DISSOLVE THE 
CORPORATION, AND MAKING TECHNICAL CHANGES TO THE LAW 
REGARDING MUNICIPAL ELECTRIC SERVICE. 
Referred to Commerce Committee. 

Pursuant to Senator Ballance's motion to adjourn having prevailed, the Senate 
adjourns at 4:35 P.M. 



THIRTY-SEVENTH DAY 

Senate Chamber 
Wednesday, March 31, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Oh blessed God, we contemplate this week the drama of the passion and death of 
Jesus of Nazareth. It is chilling to consider the turning of the crowds' loyalty from Palm 
Sunday to Good Friday. Although Pilate discerned his innocence, Jesus was, nevertheless, 
sacrificed for national security interests of peace and order. And while a fairly vocal 
crowd did gather for the sentencing, the majority of the citizens of Jerusalem stayed away, 
shrouded in a comfortable cloud of ambivalence. 

"There is always much at stake in our Senate business and many issues compete for 
our attention. There are, of course, oversights in our work, but these are not intentional. 
But did we notice that another prisoner has been executed at Central Prison? Awaken us 
from our lethargy, Oh God. Strengthen us against the creeping tide of indifference which 
threatens to overtake us. Do not permit our silence to feed the powers of destruction. 
Open our mouths to speak the truth boldly. Lord have mercy. Amen." 

With unanimous consent, the President grants a leave of absence for today to Senator 
Rand. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, March 30, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Harold Reiter 
Silberman from Durham, North Carolina, who is serving the Senate as Doctor of the Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled and 
March 31, 1999 



1999] SENATE JOURNAL 243 

presented to the Office of the Secretary of State: 

H.B. 145, AN ACT TO PROVIDE A SPECIAL ELECTION FOR A VACANCY ON 
THE EDGECOMBE COUNTY BOARD OF EDUCATION AND TO PROVIDE THAT 
FUTURE VACANCIES ON THE BOARD SHALL BE FILLED ONLY UNTIL THE 
NEXT REGULARLY SCHEDULED ELECTION FOR THE BOARD RATHER THAN 
FOR THE REMAINDER OF THE TERM. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

S.B. 156, AN ACT TO REMOVE THE SUNSET ON THE AUTHORITY OF THE 
LAKE ROYALE COMMUNITY IN FRANKLIN AND NASH COUNTIES TO 
REGULATE THE OPERATION OF CERTAIN MOTOR VEHICLES AND TO 
ENHANCE THAT AUTHORITY. (Became law upon ratification, March 30, 1999 - S.L. 
1999-11.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Purcell for the Health Care Committee: 

S.B. 65, A BILL TO BE ENTITLED AN ACT TO ENHANCE MOTOR VEHICLE 
OCCUPANT RESTRAINT SAFETY, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7605 is adopted and 
engrossed. 

With unanimous consent, upon motion of Senator Purcell, the Committee Substitute 
bill is placed on the Calendar for Tuesday, April 6. 

By Senator Soles for the Commerce Committee: 

H.B. 112 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ENACT 
THE UNIFORM TRANSFER ON DEATH (TOD) SECURITY REGISTRATION ACT 
AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, with a 
favorable report. 

With unanimous consent, upon motion of Senator Soles, the Committee Substitute bill 
is placed on the Calendar for Tuesday, April 6. 

S.B. 284, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE SECRETARY 
OF ADMINISTRATION TO SET BUSINESS SIZE STANDARDS AND APPLY THEM 
TO THE PROCUREMENT PROCEDURES TO PROMOTE INCREASED 
PROCUREMENTS FROM SMALL AND MEDIUM-SIZED BUSINESSES, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1126, which changes 
the title to read S.B. 284 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO REQUIRE THE DEPARTMENT OF ADMINISTRATION TO REVIEW STATE 
PROCUREMENT CONTRACT AWARDS BY BUSINESS SIZE CATEGORY AND TO 

March 31, 1999 



244 SENATE JOURNAL [Session 

REVIEW MEASURES TO ENCOURAGE PARTICIPATION BY SMALL AND 
MEDIUM-SIZED BUSINESSES IN STATE PROCUREMENT CONTRACTS, is 
adopted and engrossed. 

With unanimous consent, upon motion of Senator Soles, the Committee Substitute bill 
is placed on the Calendar for Tuesday, April 6. 

With unanimous consent, the President grants a leave of absence for today to Senator 
Shaw of Guilford. 



By Senator Kerr for the Finance Committee: 






S.B. 18 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTER OF THE TOWN OF CARTHAGE, with a 
favorable report. 

S.B. 181, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN OF 
DALLAS TO ENACT A PROPERTY MAINTENANCE ORDINANCE AND TO 
ASSESS CERTAIN COSTS OF ENFORCEMENT AS A LIEN AGAINST THE 
PROPERTY, with a favorable report. 

S.B. 436, A BILL TO BE ENTITLED AN ACT TO RATIFY, APPROVE, 
CONFIRM, AND VALIDATE CERTAIN BOND REFERENDA OF UNITS OF LOCAL 
GOVERNMENT HELD IN CONNECTION WITH THE AUTHORIZATION OF 
BONDS OF THOSE UNITS, with a favorable report. 

By Senator Phillips for the Pensions & Retirement and Aging Committee: 

S.B. 214, A BILL TO BE ENTITLED AN ACT TO PROVIDE A MEANS OF 
MEASURING AVERAGE FINAL COMPENSATION FOR MEMBERS OF THE 
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE 
LOCAL GOVERNMENTAL RETIREMENT SYSTEM WHO PURCHASE 
CREDITABLE SERVICE FOR LEAVES OF ABSENCE INCURRED WHILE 
RECEIVING WORKERS' COMPENSATION PAYMENTS, with a favorable report. 

With unanimous consent, upon motion of Senator Phillips, the bill is placed on the 
Calendar for Tuesday, April 6. 

S.B. 242, A BILL TO BE ENTITLED AN ACT TO PROVIDE COST-OF-LIVING 
INCREASES FOR MEMBERS OF THE TEACHERS' AND STATE EMPLOYEES' 
RETIREMENT SYSTEM, THE CONSOLIDATED JUDICIAL RETIREMENT 
SYSTEM, THE LEGISLATIVE RETIREMENT SYSTEM, AND THE LOCAL 
GOVERNMENTAL EMPLOYEES' RETIREMENT SYSTEM, with a favorable report. 

Upon motion of Senator Phillips, the bill is re-referred to the Appropriations/Base 
Budget Committee. 

By Senator Kinnaird for the State and Local Government Committee: 

H.B. 501, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING APPOINTMENTS AND COMPENSATION OF HOSPITAL 
AUTHORITIES IN CRAVEN COUNTY, with a favorable report. 

March 31, 1999 



1999] SENATE JOURNAL 245 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 178, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
JONESVILLE TO CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR 
UNCERTIFIED COPIES OF POLICE INCIDENT OR ACCIDENT REPORTS AND TO 
AUTHORIZE THE TOWN TO GIVE ANNUAL NOTICE OF VIOLATION TO 
CHRONIC VIOLATORS OF THE CITY'S OVERGROWN VEGETATION 
ORDINANCE. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

H.B. 190 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE CERTAIN FACILITIES TO SHARE PEER REVIEW INFORMATION 
WITH ACCREDITING ORGANIZATIONS. 

Pursuant to Rule 43, the Committee Substitute bill is ordered held in the Office of the 
Principal Clerk pending referral to committee. 

H.B. 447, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
ASHEVILLE TO PROHIBIT ACTS OF DISCRIMINATION IN EMPLOYMENT 
BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, 
OR AGE. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 160, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA BOARD OF NURSING TO ESTABLISH PROGRAMS TO AID THE 
REHABILITATION AND MONITORING OF NURSES WHO EXPERIENCE 
CERTAIN ADDICTIONS AND DISABILITIES. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 194, A BILL TO BE ENTITLED AN ACT TO CREATE THE NURSE 
LICENSURE COMPACT. 

With unanimous consent, upon motion of Senator Ballance, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Thursday, April 1. 

S.B. 198, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE ISSUANCE 
OF A NEW ADULT CARE HOME LICENSE TO AN APPLICANT WHO WAS THE 
LICENSEE OR ADMINISTRATOR OF AN ADULT CARE HOME THE LICENSE OF 
WHICH HAD BEEN REVOKED OR DOWNGRADED TO PROVISIONAL STATUS 
OR AGAINST WHICH A TYPE A PENALTY HAD BEEN ASSESSED. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

March 31, 1999 



246 SENATE JOURNAL [Session 

The President extends the privileges of the gallery to David Parnell, former Senator 
from Robeson County. 

S.B. 273, A BILL TO BE ENTITLED AN ACT TO REQUIRE ALL FACILITIES 
AND PROVIDERS THAT DETECT, DIAGNOSE, OR TREAT CANCER PATIENTS 
TO REPORT CANCER CASES TO THE CANCER CONTROL REGISTRY. 

The bill passes its second (47-1) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 414, A BILL TO BE ENTITLED AN ACT TO CLOSE A LOOPHOLE IN THE 
MINIMUM HOUSING STANDARDS ACT AS IT APPLIES TO MUNICIPALITIES 
LOCATED IN COUNTIES WITH POPULATIONS IN EXCESS OF FIFTY-EIGHT 
THOUSAND PEOPLE BY THE LAST CENSUS WHERE THE OWNER CAN AVOID 
ORDERS TO REPAIR, REMOVE, OR DEMOLISH A RENTAL UNIT BY SIMPLY 
CLOSING IT. 

The bill passes its second (48-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 238 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REMOVE THE SUNSET FROM LAWS ENCOURAGING THE PURCHASE OF 
COMMODITIES AND SERVICES OFFERED BY BLIND AND BY SEVERELY 
DISABLED PERSONS. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered enrolled and sent to the Governor. 

S.B. 255 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE STATE LAW REQUIRING STATE AGENCIES TO REDUCE THE 
NUMBER OF MENUS ON AUTOMATED PHONE SYSTEMS AND TO REQUIRE 
STATE AGENCIES TO REPORT ON THEIR COMPLIANCE WITH THAT LAW. 

With unanimous consent, upon motion of Senator Albertson, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Thursday, 
April 1. 

S.B. 128 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW CONCERNING INTEREST ON MONEY JUDGMENTS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION, AND TO 
ALLOW INTEREST ON JUDGMENTS ON PENAL BONDS, as amended, upon second 
reading. 

The Committee Substitute bill, as amended, passes its third reading and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 329 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MAKE 
NORTH CAROLINA'S LAPSE STATUTE LESS RESTRICTIVE. 

The Committee Substitute bill passes its third reading and is ordered sent to the House 
of Representatives. 

S.B. 393 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE RULES OF CIVIL PROCEDURE TO REQUIRE BRIEFS AND MEMORANDA 
IN SUPPORT OF DISPOSITIVE MOTIONS TO BE SERVED UPON ALL PARTIES 
AND TO REQUIRE WRITTEN MOTIONS TO STATE THE GROUNDS FOR THE 
MOTION WITH PARTICULARITY. 

The Committee Substitute bill passes its third reading and is ordered sent 

March 31, 1999 



1999] SENATE JOURNAL 247 

to the House of Representatives. 

S.B. 178, A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS THE NORTH 
CAROLINA UNIFORM PRUDENT INVESTOR ACT, AS RECOMMENDED BY THE 
GENERAL STATUTES COMMISSION. 

The bill passes its third reading and is ordered sent to the House of Representatives. 

S.B. 62 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
VALIDATE CERTAIN NOTARIAL ACTS, for concurrence in the House Committee 
Substitute bill. 

The Senate concurs in the House Committee Substitute bill (48-0) and the measure is 
ordered enrolled and sent to the Governor. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled, and 
presented to the Office of the Secretary of State: 

S.B. 560, AN ACT TO CLARIFY THAT MARKETS THAT SELL UNCOOKED 
CURED COUNTRY HAM OR UNCOOKED CURED SALTED PORK THAT 
INVOLVES CERTAIN MINIMAL PREPARATION ARE EXEMPT FROM 
REGULATION UNDER CHAPTER 130A OF THE GENERAL STATUTES WHEN 
THAT MINIMAL PREPARATION IS THE ONLY ACTIVITY THAT WOULD 
SUBJECT THESE MARKETS TO SUCH REGULATION. 

COMMITTEE REFERRAL RECALL 

S.B. 654, A BILL TO BE ENTITLED AN ACT TO RESTORE THE PRE- 1995 LAW 
ON DISPOSAL OF PROPERTY AND LIENS RELATING TO MANUFACTURED 
HOUSING, referred to the Commerce Committee on March 30. 

Pursuant to Rule 47(a), Senator Soles offers a motion that the bill be withdrawn from 
the Commerce Committee and re-referred to the Judiciary I Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Commerce Committee and re-refers the 
measure to the Judiciary I Committee. 

ADDITIONAL SPONSOR 

Senator Allran requests to be added as a sponsor of previously introduced legislation: 

S.B. 602, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMMUNITY MEDIATION CENTERS ACROSS THE STATE. 

Upon motion of Senator Basnight, seconded by Senator Jordan, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Thursday, April 1, at 1 1:00 A.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 



March 31, 1999 



248 SENATE JOURNAL [Session 

By Senator Clodfelter: 

S.B. 659, A BILL TO BE ENTITLED AN ACT TO PROVIDE FLEXIBILITY IN 
CONSTRUCTION CONTRACTING FOR THE CHARLOTTE-MECKLENBURG 
BOARD OF EDUCATION. 

Referred to State and Local Government Committee. 

By Senator Clodfelter: 

S.B. 660, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
GOVERNING LIMITED LIABILITY COMPANIES TO CLARIFY CERTAIN 
DEFINITIONS OF TERMS, TO PROVIDE MORE FLEXIBILITY WITH REGARD TO 
ORGANIZERS, TO CLARIFY THAT THE FILING OF THE ARTICLES OF 
ORGANIZATION IS CONCLUSIVE EVIDENCE OF THE FORMATION OF A 
COMPANY, TO REVISE THE CIRCUMSTANCES AND RESTRICTIONS 
REGARDING FORMATION OF A COMPANY, TO PROVIDE FOR THE INDEXING 
OF REAL ESTATE RECORDS TO REFLECT MERGERS AND CONVERSIONS OF 
BUSINESS ENTITIES, TO ALLOW ALTERNATIVE MANAGEMENT 
STRUCTURES, TO PROVIDE FOR WITHDRAWAL FROM A COMPANY ONLY AS 
PERMITTED BY THE ARTICLES OF ORGANIZATION OR WRITTEN OPERATING 
AGREEMENT, TO REVISE THE PERMITTED GROUNDS FOR DISSOLUTION, 
AND TO CLARIFY THAT A COMPANY MAY ENGAGE IN A BUSINESS UNDER 
AN ASSUMED NAME. 

Referred to Commerce Committee. 

By Senator Wellons: 

S.B. 661, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SAFE SPACE, INC., TO PURCHASE A PERMANENT SHELTER FOR BATTERED 
WOMEN AND CHILDREN. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons and Harris: 

S.B. 662, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CONSTRUCTING A NEW BUILDING ON THE CAMPUS OF JOHNSTON 
COMMUNITY COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Moore and Garwood: 

S.B. 663, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
MAINTENANCE AND REPAIRS OF THE CALDWELL COUNTY HERITAGE 
MUSEUM'S FACILITY AND HISTORICAL DISPLAYS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Moore and Garwood: 

S.B. 664, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH A CAREER CENTER AT CALDWELL COMMUNITY COLLEGE. 
Referred to Appropriations/Base Budget Committee. 

By Senator Soles: 

S.B. 665, A BILL TO BE ENTITLED AN ACT AUTHORIZING DENTAL 
HYGIENIST LICENSURE BY CREDENTIAL AND AMENDING THE LICENSURE 
REQUIREMENTS FOR DENTAL HYGIENISTS. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

March 31, 1999 



1999] SENATE JOURNAL 249 

By Senators Purcell and Plyler: 

S.B. 666, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
IMPROVEMENTS TO THE HISTORIC JOHN BLUE COMPLEX. 
Referred to Appropriations/Base Budget Committee. 

By Senators Purcell and Plyler: 

S.B. 667, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
REPAIRS TO THE HISTORIC GILL HOUSE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf and Carter: 

S.B. 668, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF BUNCOMBE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Metcalf and Carter: 

S.B. 669, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF BURKE COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Metcalf and Carter: 

S.B. 670, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF MADISON COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Metcalf and Carter: 

S.B. 671, A* BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF MCDOWELL COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Metcalf and Carter: 

S.B. 672, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF YANCEY COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Jordan: 

S.B. 673, A BILL TO BE ENTITLED AN ACT TO CREATE THE CRIMINAL 
OFFENSE OF THREATENING JUDGES, DISTRICT ATTORNEYS, AND OTHER 
COURT OFFICERS. 

Referred to Judiciary II Committee. 

By Senator Rucho: 

S.B. 674, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
PINEVILLE. 

Referred to Rules and Operations of the Senate Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 3:54 P.M. 



March 31, 1999 



250 SENATE JOURNAL [Session 

THIRTY-EIGHTH DAY 

Senate Chamber 
Thursday, April 1, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of unity and power, this week we celebrate two important events in the life of 
Your people, the Passover, in which You saved the children of Israel from the angel of 
death and delivered them from slavery in Egypt, and also the Last Supper of Jesus with his 
disciples, in which a new covenant of love was made. 

"In both the Seder and the Lord's Supper, people of faith remember with joy Your 
mighty deeds of love that delivered us from death to new life. We acknowledge that the 
faithful are liberated not through the wielding of coercive power, but through radical 
obedience to Your Will and the shedding of sacrificial blood. 

"When we gather for holy meals in our homes and places of worship, we cannot deny 
that we are people of different faiths. Nevertheless, we are united as a people of 
remembrance and hope. For Christians and Jews alike proclaim Your powerful presence 
in all creation, a presence that was, and is, and is to be. 

"Bind us together in love as Your children, if not yet united in our doctrine and our 
creeds, then united in our gratitude for Your saving acts in all creation. For the Lord our 
God is indeed one. We make this prayer in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Carrington, Senator Garwood, and Senator Shaw of Guilford. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, March 31, has been examined and is found to be correct. Upon his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Charles Hayes Mann 
from Cary, North Carolina, who is serving the Senate as Doctor of the Day, and to Debbie 
Moore from Wake Forest, North Carolina, who is serving the Senate as Nurse of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills duly ratified, for presentation to the 
Governor: 

S.B. 62, AN ACT TO VALIDATE CERTAIN NOTARIAL ACTS. 

H.B. 238, AN ACT TO REMOVE THE SUNSET FROM LAWS ENCOURAGING 
THE PURCHASE OF COMMODITIES AND SERVICES OFFERED BY BLIND AND 
BY SEVERELY DISABLED PERSONS. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 

April 1, 1999 



1 999] SENATE JOURNAL 25 1 

following Chapter Number, and presented to the Office of the Secretary of State: 

H.B. 145, AN ACT TO PROVIDE A SPECIAL ELECTION FOR A VACANCY ON 
THE EDGECOMBE COUNTY BOARD OF EDUCATION AND TO PROVIDE THAT 
FUTURE VACANCIES ON THE BOARD SHALL BE FILLED ONLY UNTIL THE 
NEXT REGULARLY SCHEDULED ELECTION FOR THE BOARD RATHER THAN 
FOR THE REMAINDER OF THE TERM. (Became law upon ratification, March 31, 
1999 -S.L. 1999-12.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 



By Senator Dalton for the Education/Higher Education Committee: 






S.B. 335, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGARDING REDUCTION OR CONTINUATION OF A TEACHER'S BONUS, AS IT 
APPLIES TO THE CHARLOTTE-MECKLENBURG COUNTY SCHOOL 
ADMINISTRATIVE UNIT, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6599 is adopted and 
engrossed. 

By Senator Wellons for the Insurance Committee: 

S.B. 394, A BILL TO BE ENTITLED AN ACT TO ALLOW PREMIUMS FOR 
AUTOMOBILE AND PROPERTY AND CASUALTY INSURANCE COVERAGE TO 
BE PAID BY CREDIT CARD, with a favorable report. 

S.B. 293, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET FROM 
AN ACT PROVIDING FOR REIMBURSEMENT BY HEALTH INSURERS FOR 
SERVICES PROVIDED BY FEE-BASED PRACTICING PASTORAL COUNSELORS, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 8576 is adopted and 
engrossed. 

By Senator Miller for the Judiciary II Committee: 

S.B. 525, A BILL TO BE ENTITLED AN ACT TO ALLOW NON-UNITED 
STATES CITIZENS WHO ARE RESIDENTS OF NORTH CAROLINA TO SERVE AS 
PERSONAL REPRESENTATIVES IN THE ADMINISTRATION OF ESTATES, with a 
favorable report. 

By Senator Dalton for the Education/Higher Education Committee: 

S.B. 95, A BILL TO BE ENTITLED AN ACT TO MODIFY THE ELIGIBILITY 
REQUIREMENTS FOR MEMBERSHIP ON THE STATE BOARD OF COMMUNITY 
COLLEGES AND FOR MEMBERSHIP ON THE BOARD OF GOVERNORS OF THE 
UNIVERSITY OF NORTH CAROLINA, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4621 is adopted and 
engrossed. 



April 1, 1999 



252 SENATE JOURNAL [Session 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 51 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AMEND THE LAW GOVERNING HIGHWAY SMALL PROJECT BIDDING, for 
concurrence in the House Committee Substitute, which is placed on the Calendar for 
Monday, April 5. 

H.B. 253 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CHANGE THE NAME OF THE STATE INFORMATION PROCESSING SERVICES 
TO THE DIVISION OF INFORMATION TECHNOLOGY SERVICES. 

Referred to State and Local Government Committee. 

H.B. 259 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE LAPSE OF A HOME INSPECTOR'S LICENSE AND AN 
ASSOCIATE HOME INSPECTOR'S LICENSE UNDER CERTAIN CONDITIONS; TO 
ESTABLISH RECORD-KEEPING REQUIREMENTS FOR HOME INSPECTORS; 
AND TO AUTHORIZE THE HOME INSPECTOR LICENSURE BOARD TO 
ESTABLISH CONTINUING EDUCATION PROGRAMS AND CHARGE FEES FOR 
THOSE PROGRAMS. 

Referred to Finance Committee. 

H.B. 326 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ALLOW 
THE DIVISION OF NORTH CAROLINA AQUARIUMS TO DISPOSE OF EXHIBITS 
FROM THE COLLECTIONS OF THE NORTH CAROLINA AQUARIUMS IN 
ACCORDANCE WITH GENERALLY ACCEPTED PRACTICES FOR ACCREDITED 
ZOOS AND AQUARIUMS, TO REQUIRE THAT THE NET PROCEEDS OF ANY 
SALE OR LEASE OF EXHIBITS BE CREDITED TO THE NORTH CAROLINA 
AQUARIUMS FUND, AND TO REQUIRE THE DIVISION OF NORTH CAROLINA 
AQUARIUMS TO REPORT ON RECEIPTS OF AND EXPENDITURES FROM THE 
NORTH CAROLINA AQUARIUMS FUND. 

Referred to State and Local Government Committee. 

H.B. 331 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REDESIGNATE THE COMMUNITY PENALTIES PROGRAM AS THE 
SENTENCING SERVICES PROGRAM, TO CLARIFY THAT THE WORK PRODUCT 
OF THESE PROGRAMS IS ALWAYS PRESENTED TO THE COURTS, AND TO 
MAKE OTHER CLARIFYING CHANGES. 

Referred to Judiciary II Committee. 

H.B. 414, A BILL TO BE ENTITLED AN ACT ALLOWING THE NORTH 
CAROLINA VETERINARY MEDICAL BOARD TO LICENSE VETERINARIANS 
WHO ARE LICENSED IN OTHER STATES BUT HAVE NOT COMPLETED THE 
CERTIFICATION PROGRAM FOR FOREIGN VETERINARY GRADUATES. 

Referred to Commerce Committee. 



April 1, 1999 



1999] SENATE JOURNAL 253 

APPOINTMENTS BY THE GOVERNOR 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

JAMES B. HUNT JR. 
GOVERNOR 



March 29, 1999 

The Honorable Marc Basnight 
Senate President Pro Tempore 
Legislative Building 
Raleigh, North Carolina 27603 

Dear Mr. President Pro Tempore: 

Pursuant to North Carolina General Statute 135-6, I hereby appoint/re-appoint the 
following individuals to the Board of Trustees for the Teachers' and State Employees' 
Retirement System and submit their names for confirmation by the North Carolina Senate. 

Daniel H. DeVane, Department of Transportation employee position, appointed for a 
term expiring on March 31, 2003. 

Shirley Ann Hise, active teacher position, re-appointed for a term expiring on March 
31,2003. 

Shirley Ann Bell, active state employee position, re-appointed for a term expiring on 
March 31, 2003. 

Please contact my office of Boards and Commissions if you need further information 
on any of these individuals. Thank you for your attention to this important matter. 

My warmest personal regards. 

Sincerely, 
S/James B. Hunt Jr. 

cc: The Honorable Dennis Wicker 
Janet Pruitt 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 18 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTER OF THE TOWN OF CARTHAGE, upon second 
reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 47, 
noes 0, as follows: 



April 1, 1999 



254 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, 
Garrou, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Phillips, 
Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Soles, Warren, 
Webster, Weinstein, and Wellons — 47. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for Monday, April 5, 
upon third reading. 

S.B. 181, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN OF 
DALLAS TO ENACT A PROPERTY MAINTENANCE ORDINANCE AND TO 
ASSESS CERTAIN COSTS OF ENFORCEMENT AS A LIEN AGAINST THE 
PROPERTY. 

Senator Soles offers Amendment No. 1 which is adopted (47-0) and changes the title 
to read S.B. 181, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN 
OF DALLAS AND THE TOWN OF TABOR CITY TO ENACT A PROPERTY 
MAINTENANCE ORDINANCE AND TO ASSESS CERTAIN COSTS OF 
ENFORCEMENT AS A LIEN AGAINST THE PROPERTY. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

H.B. 501, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING APPOINTMENTS AND COMPENSATION OF HOSPITAL 
AUTHORITIES IN CRAVEN COUNTY. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 436, A BILL TO BE ENTITLED AN ACT TO RATIFY, APPROVE, 
CONFIRM, AND VALIDATE CERTAIN BOND REFERENDA OF UNITS OF LOCAL 
GOVERNMENT HELD IN CONNECTION WITH THE AUTHORIZATION OF 
BONDS OF THOSE UNITS, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carter, Clodfelter, Cochrane, Dalton, Dannelly, East, Forrester, Foxx, Garrou, 
Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, 
Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Phillips, Plyler, 
Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Soles, Warren, Webster, 
Weinstein, and Wellons — 46. 

Voting in the negative: None. 

The bill is ordered placed on the Calendar for Monday, April 5, upon third reading. 

S.B. 194, A BILL TO BE ENTITLED AN ACT TO CREATE THE NURSE 
LICENSURE COMPACT. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 255 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE STATE LAW REQUIRING STATE AGENCIES TO REDUCE THE 
NUMBER OF MENUS ON AUTOMATED PHONE SYSTEMS AND TO REQUIRE 
STATE AGENCIES TO REPORT ON THEIR COMPLIANCE WITH THAT LAW. 

Senator Foxx offers Amendment No. 1 which is adopted (46-0) and changes the title to 
read S.B. 255 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 

April 1, 1999 



1999] SENATE JOURNAL 255 

CLARIFY THE STATE LAW REQUIRING STATE AGENCIES TO REDUCE THE 
NUMBER OF MENUS ON AUTOMATED PHONE SYSTEMS AND TO REQUIRE 
STATE AGENCIES TO REPORT ON THEIR COMPLIANCE WITH THAT LAW, 
AND TO REQUIRE ALL STATE AGENCIES TO INCLUDE THE AGENCY 
TELEPHONE NUMBER ON AGENCY LETTERHEAD. 

The Committee Substitute bill, as amended, passes its third reading (46-0) and is 
ordered engrossed and sent to the House of Representatives. 

Upon motion of Senator Basnight, seconded by Senator Weinstein, the Senate 
adjourns subject to introduction of bills, to meet Monday, April 5, at 7:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Plyler and Purcell: 

S.B. 675, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
AMENDMENTS TO AN ACT WHICH REVIVED THE CHARTER OF THE TOWN 
OF UNIONVILLE. 

Referred to Finance Committee. 

By Senators Wellons and Martin of Pitt: 

S.B. 676, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE CITY OF 
WILSON TO ADDRESS ABANDONED STRUCTURES IN THE SAME MANNER AS 
MUNICIPALITIES IN COUNTIES WITH A POPULATION OF OVER ONE 
HUNDRED SIXTY-THREE THOUSAND. 

Referred to State and Local Government Committee. 

By Senator Odom: 

S.B. 677, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO A 
NONREVERTING RESERVE FOR THE START-UP COSTS OF THE SOUTHERN 
DAIRY COMPACT COMMISSION AND THE INITIAL COSTS OF 
ADMINISTERING AND ENFORCING THE SOUTHERN DAIRY COMPACT AND 
TO PROVIDE FOR THE REPAYMENT OF THOSE FUNDS, AS RECOMMENDED 
BY THE ENVIRONMENTAL REVIEW COMMISSION. 

Referred to Appropriations/Base Budget Committee. 

By Senator Odom: 

S.B. 678, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH CARE 
PROVIDERS PERFORMING SPINAL MANIPULATION TO ATTAIN MINIMUM 
HOURS OF CLASSROOM INSTRUCTION AND SUPERVISED CLINICAL 
TRAINING. 

Referred to Health Care Committee. 

By Senators Warren, Cooper, Hoyle, Martin of Pitt, Martin of Guilford and Perdue: 
S.B. 679, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 

THE CONSTRUCTION OF A FORESTRY HEADQUARTERS BUILDING TO BE 

LOCATED IN PITT COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Warren, Albertson, Clodfelter, Cooper, Dannelly, Gulley, Hoyle, Martin 

April 1, 1999 



256 SENATE JOURNAL [Session 

of Pitt, Martin of Guilford and Perdue: 

S.B. 680, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES FOR CULTURAL, 
HISTORICAL, AND ARTISTIC GRANTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Warren, Albertson, Clodfelter, Cooper, Dannelly, Hoyle, Martin of 
Guilford, Martin of Pitt and Perdue: 

S.B. 681, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE MEDIATION CENTER OF EASTERN CAROLINA TO EXPAND 
ITS SERVICES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Warren, Albertson, Cooper, Hoyle, Martin of Guilford, Martin of Pitt and 
Perdue: 

S.B. 682, A BILL TO BE ENTITLED AN ACT TO INCLUDE FULL-TIME 
COUNTY FIRE MARSHALS IN THE FIREMEN'S AND RESCUE SQUAD 
WORKERS' PENSION FUND. 

Referred to the Pensions & Retirement and Aging Committee and upon a favorable 
report, re-referred to the Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 683, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ENABLE THE TEACCH PROGRAM TO PROVIDE SERVICES TO CHILDREN AND 
ADULTS WITH AUTISM AND OTHER COMMUNICATION HANDICAPS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 684, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE AUTISM SOCIETY OF NORTH CAROLINA'S PROGRAMS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Lucas, Dannelly, Kinnaird, Phillips, Rand and Shaw of Cumberland: 
S.B. 685, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT TREATMENT 
OR SERVICES RENDERED BY PHYSICIAN ASSISTANTS SHALL BE 
REIMBURSABLE UNDER THE STATE HEALTH PLAN AND OTHER HEALTH 
INSURANCE POLICIES UNDER CERTAIN CIRCUMSTANCES. 

Referred to Health Care Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senators Garwood and Moore: 

S.B. 686, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
RENOVATE THE JOHN A. WALKER COMMUNITY CENTER BUILDING AT 
WILKES COMMUNITY COLLEGE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Allran: 

S.B. 687, A BILL TO BE ENTITLED AN ACT TO AMEND THE 
SUPPLEMENTAL RETIREMENT FUND FOR FULL-TIME PAID FIREFIGHTERS IN 
THE CITY OF HICKORY. 

Referred to Pensions & Retirement and Aging Committee: 

April 1, 1999 



1999] SENATE JOURNAL 257 

By Senator Dalton: 

S.B. 688, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE CITY OF SHELBY FOR CAPITAL IMPROVEMENTS OF THE CITY'S 
AIRPORT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler and Purcell: 

S.B. 689, A BILL TO BE ENTITLED AN ACT EXEMPTING CERTAIN STATE 
PROPERTY FROM FIRE PROTECTION FEES IMPOSED BY UNION COUNTY. 
Referred to Finance Committee. 

By Senators Dalton, Gulley, Miller and Odom: 

S.B. 690, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
NONPARTISAN ELECTION OF DISTRICT COURT JUDGES. 
Referred to Judiciary II Committee. 

By Senator Cochrane: 

S.B. 691, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF BERMUDA RUN AND TO SIMULTANEOUSLY DISSOLVE THE BERMUDA 
CENTER SANITARY DISTRICT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Hagan and Martin of Guilford: 

S.B. 692, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE NORTH CAROLINA SHAKESPEARE FESTIVAL. 
Referred to Appropriations/Base Budget Committee. 

By Senators Kinnaird, Ballance, Clodfelter, Hartsell, Horton, Martin of Guilford, 
Miller and Wellons: 

S.B. 693, A BILL TO BE ENTITLED AN ACT TO PROVIDE, UPON THE 
MOTION OF A DEFENDANT MADE AFTER ISSUANCE OF SUMMONS, THAT A 
PLAINTIFF IS NOT ALWAYS REQUIRED TO POST A PROSECUTION BOND, 
PROVIDE SECURITY, OR SHOW THE PLAINTIFF IS SUING AS AN INDIGENT 
BUT TO PROVIDE THAT THE PLAINTIFF MAY BE SO REQUIRED BY THE 
CLERK OR JUDGE UPON A SHOWING OF GOOD CAUSE BY THE DEFENDANT. 

Referred to Judiciary II Committee. 

By Senator Hartsell: 

S.B. 694, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF RIMERTOWN SUBJECT TO A REFERENDUM. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Soles: 

S.B. 695, A BILL TO BE ENTITLED AN ACT TO SUBJECT GIFT 
CERTIFICATES AND ELECTRONIC GIFT CARDS BEARING AN EXPIRATION 
DATE TO THE UNCLAIMED PROPERTY LAWS OF NORTH CAROLINA AND TO 
EXEMPT GIFT CERTIFICATES AND ELECTRONIC GIFT CARDS WHICH ARE 
PERPETUALLY REDEEMABLE FROM THE UNCLAIMED PROPERTY LAWS OF 
NORTH CAROLINA. 

Withdrawn by sponsor prior to introduction. 

April 1, 1999 



258 SENATE JOURNAL [Session 

By Senators Plyler and Purcell: 

S.B. 696, A BILL TO BE ENTITLED AN ACT ADDING CERTAIN DESCRIBED 
PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF WAXHAW AND 
EXEMPTING THAT PROPERTY FROM THE CEILING ON SATELLITE 
ANNEXATIONS. 

Referred to Finance Committee. 

By Senators Plyler and Purcell: 

S.B. 697, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE UNION COUNTY 
TO IMPOSE AN IMPACT FEE TO GENERATE FUNDS FOR PUBLIC SCHOOL 
CAPITAL NEEDS. 

Referred to Finance Committee. 

By Senator Kinnaird: 

S.B. 698, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF HEBRON. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 699, A BILL TO BE ENTITLED AN ACT RELATING TO THE TOWN OF 
ANGIER. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Lucas and Gulley: 

S.B. 700, A BILL TO BE ENTITLED AN ACT TO PROVIDE THE CITY OF 
DURHAM WITH ADDITIONAL OPTIONS FOR SERVICE OF PROCESS IN ZONING 
CODE CASES. 

Referred to State and Local Government Committee. 

By Senators Lucas and Gulley: 

S.B. 701, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
DURHAM TO PROHIBIT DISCRIMINATION IN EMPLOYMENT, PUBLIC 
ACCOMMODATIONS, AND HOUSING BASED ON CRITERIA IN ADDITION TO 
RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, AND AGE, 
AND TO PRESCRIBE THE PROCEDURE FOR THE ADOPTION OF ANY SUCH 
ORDINANCE. 

Referred to State and Local Government Committee. 

By Senator Rucho: 

S.B. 702, A BILL TO BE ENTITLED AN ACT TO ALLOW RESTORATION OF 
ZONING AUTHORITY OF THE TOWN OF MATTHEWS AS TO CERTAIN 
PROPERTY IF MECKLENBURG COUNTY DISPOSES OF IT. 

Referred to State and Local Government Committee. 

By Senator Ballantine: 

S.B. 703, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF HAMPSTEAD SUBJECT TO A REFERENDUM. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 704, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF NORTH CLEVELAND SUBJECT TO A REFERENDUM. 



April 1, 1999 



1999] SENATE JOURNAL 259 

Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 705, A BILL TO BE ENTITLED AN ACT TO ASSIST THE JOHNSTON 
COUNTY BOARD OF EDUCATION WITH THE EXPEDITING OF PUBLIC SCHOOL 
FACILITIES. 

Referred to State and Local Government Committee. 

By Senator Hoyle: 

S.B. 706, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOCAL TAX 
LAWS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hoyle: 

S.B. 707, A BILL TO BE ENTITLED AN ACT TO REFORM AND MODERNIZE 
THE ACKNOWLEDGMENT OF CORPORATE REAL PROPERTY INSTRUMENTS 
AND THE EXECUTION OF REAL PROPERTY INSTRUMENTS GENERALLY. 

Referred to Judiciary I Committee. 

By Senator Odom: 

S.B. 708, A BILL TO BE ENTITLED AN ACT ALLOWING COUNTIES HAVING 
A POPULATION IN EXCESS OF 500,000 TO PROVIDE AFFORDABLE HOUSING 
FOR PERSONS OF LOW AND MODERATE INCOME. 

Referred to State and Local Government Committee. 

By Senators Odom and Clodfelter: 

S.B. 709, A BILL TO BE ENTITLED AN ACT TO ALLOW MECKLENBURG 
COUNTY TO ACQUIRE PROPERTY FOR USE BY ITS BOARDS OF EDUCATION. 
Referred to State and Local Government Committee. 

By Senator Odom: 

S.B. 710, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN OF 
HUNTERSVILLE TO ESTABLISH A VOLUNTARY TRANSFER OF 
DEVELOPMENT RIGHTS PILOT PROGRAM FOR THE PROTECTION OF 
FARMLAND, ENVIRONMENTALLY SENSITIVE LAND, AND OTHER OPEN 
LAND WITHIN THE TOWN'S EXTRATERRITORIAL JURISDICTION. 

Referred to State and Local Government Committee. 

By Senator Odom: 

S.B. 711, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
CORNELIUS TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE OF 
A TRAFFIC VIOLATION. 

Referred to Judiciary I Committee. 

By Senator Odom: 

S.B. 712, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE TOWN OF 
CORNELIUS TO PROVIDE FOR VOLUNTARY ANNEXATION OF PROPERTY 
SUBJECT TO PRESENT-USE VALUE APPRAISAL. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 713, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE LINCOLN 

April 1, 1999 



260 SENATE JOURNAL [Session 

COUNTY TO LEVY A ONE-CENT LOCAL SALES TAX FOR PUBLIC SCHOOL 
CAPITAL OUTLAY, SUBJECT TO APPROVAL BY THE VOTERS OF THE 
COUNTY. 

Referred to Finance Committee. 

By Senator Carter: 

S.B. 714, A BILL TO BE ENTITLED AN ACT RELATING TO YANCEY 
COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Miller: 

S.B. 715, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE WAKE COUNTY 
TO LEVY A ONE-CENT LOCAL SALES AND USE TAX FOR PUBLIC SCHOOL 
CAPITAL OUTLAY, IF APPROVED BY THE VOTERS OF THE COUNTY. 

Referred to Finance Committee. 

By Senator Miller: 

S.B. 716, A BILL TO BE ENTITLED AN ACT AUTHORIZING WAKE COUNTY 
TO IMPOSE IMPACT FEES FOR SCHOOL CONSTRUCTION. 
Referred to Finance Committee. 

By Senator Miller: 

S.B. 717, A BILL TO BE ENTITLED AN ACT CONCERNING 
TRANSPORTATION IMPACT FEES BY THE TOWN OF GARNER. 
Referred to Finance Committee. 

By Senator Miller: 

S.B. 718, A BILL TO BE ENTITLED AN ACT CONCERNING WATER AND 
SEWER CAPACITY REPLACEMENT FACILITY FEES BY THE TOWN OF 
GARNER. 

Referred to Finance Committee. 

By Senators Gulley and Lucas: 

S.B. 719, A BILL TO BE ENTITLED AN ACT ALLOWING THE CITY OF 
DURHAM TO CONSIDER LIMITATIONS ON USES AS REQUESTED IN THE 
DEVELOPMENT PLANS SUBMITTED FOR REZONINGS AND TO MAKE OTHER 
CHANGES REGARDING THE CONSIDERATION OF DEVELOPMENT PLANS. 

Referred to State and Local Government Committee. 

By Senator Gulley: 

S.B. 720, A BILL TO BE ENTITLED AN ACT TO PROVIDE DURHAM COUNTY 
AND THE CITY OF DURHAM WITH ADDITIONAL OPTIONS FOR SERVICE OF 
PROCESS IN ZONING CODE CASES. 

Referred to State and Local Government Committee. 

By Senator Albertson: 

S.B. 721, A BILL TO BE ENTITLED AN ACT RELATING TO SAMPSON 
COUNTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird and Lee: 

S.B. 722, A BILL TO BE ENTITLED AN ACT REGARDING DEVELOPMENT IN 

April 1, 1999 



1 999] SENATE JOURNAL 26 1 

THE CITY OF CHAPEL HILL. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird and Lee: 

S.B. 723, A BILL TO BE ENTITLED AN ACT MAKING OMNIBUS 
AMENDMENTS CONCERNING THE TOWN OF CHAPEL HILL. 
Referred to State and Local Government Committee. 

By Senators Kinnaird and Lee: 

S.B. 724, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE AUTHORITY 
OF ORANGE COUNTY TO REQUIRE BY ORDINANCE CERTAIN NOTICE OF 
PESTICIDE APPLICATION, TO AUTHORIZE ORANGE COUNTY TO REGULATE 
BY ORDINANCE THE EMISSION OF POLLUTANTS OR CONTAMINANTS, AND 
TO AUTHORIZE THE TOWN OF CHAPEL HILL TO REGULATE THE TIMING, 
NUMBER, AND SIZE OF PRIVATE DEVELOPMENT PROJECTS UNDER 
CONSTRUCTION WITHIN A SPECIFIED WATERSHED. 

Referred to State and Local Government Committee. 

By Senators Kinnaird and Lee: 

S.B. 725, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CHATHAM 
COUNTY TO LEVY AN IMPACT TAX AND A VEHICLE REGISTRATION TAX, TO 
AUTHORIZE ORANGE COUNTY TO LEVY AN IMPACT TAX, TO AUTHORIZE 
THE TOWN OF CHAPEL HILL TO LEVY AN IMPACT TAX IN ADDITION TO ITS 
IMPACT FEES, TO AUTHORIZE THE TOWN OF CARRBORO TO LEVY A ROOM 
OCCUPANCY TAX, AND TO MODIFY THE HILLSBOROUGH MEALS TAX 
PENALTIES. 

Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 726, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE COMPLETION OF THE EASTERN AGRICULTURAL CENTER. 
Referred to Appropriations/Base Budget Committee. 

By Senator Hoyle: 

S.B. 727, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR ECONOMIC 
DEVELOPMENT IN THE NORTH CAROLINA RAILROAD CORRIDOR. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 728, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF THE WESTERN HARNETT SENIOR CENTER. 
Referred to Appropriations/Base Budget Committee. 

By Senators Moore, Allran, Ballantine, Carpenter, Carrington, Cochrane, East, 
Forrester, Foxx, Garwood, Hartsell, Horton, Rucho, Shaw of Guilford and Webster: 

S.B. 729, A BILL TO BE ENTITLED AN ACT TO ALLOW COMMUNITY 
COLLEGES REFUNDS OF SALES TAXES PAID BY THEM ON TANGIBLE 
PERSONAL PROPERTY. 

Referred to Finance Committee. 

By Senators Reeves and Carter: 

S.B. 730, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

April 1, 1999 



262 SENATE JOURNAL [Session 

PROVIDE ADDITIONAL DAYS OF INSTRUCTION FOR CHILDREN WHO 
RECEIVE LOW GRADES ON END-OF-GRADE OR END-OF-COURSE TESTS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Clodfelter, Hagan, Horton, Kinnaird, Miller and Phillips: 

S.B. 731, A BILL TO BE ENTITLED AN ACT TO ALLOW PROPERTY SUBJECT 

TO CONSERVATION MANAGEMENT AGREEMENTS TO BE TAXED AT ITS 

PRESENT-USE VALUE. 

Referred to Finance Committee. 

By Senator Soles: 

S.B. 732, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ASSESS LICENSEES 
CERTAIN COSTS AND LIMITING THE OWNERSHIP OF CHIROPRACTIC 
PRACTICES TO PERSONS LICENSED AS CHIROPRACTORS. 

Referred to Commerce Committee. 

By Senator Soles: 

S.B. 733, A BILL TO BE ENTITLED AN ACT REQUIRING THAT THE REVIEW 
OF CERTAIN MEDICAL CLAIMS BE CONDUCTED BY PERSONS LICENSED TO 
PRACTICE CHIROPRACTIC IN THIS STATE. 

Referred to Health Care Committee. 

By Senators Albertson, Clodfelter, Cooper, Dannelly, Hoyle, Kerr, Martin of Guilford, 
Martin of Pitt, Perdue and Warren: 

S.B. 734, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE NORTH CAROLINA AGRICULTURAL FINANCE AUTHORITY FOR THE 
RESERVE FOR FARM LOANS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Allran, Carrington, Clodfelter, Cochrane, Cooper, Dannelly, 
East, Forrester, Garrou, Garwood, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Guilford, Martin of Pitt, Miller, Moore, Odom, Perdue, Phillips, Plyler, 
Rand, Reeves, Shaw of Cumberland, Shaw of Guilford, Soles, Warren, Weinstein and 
Wellons: 

S.B. 735, A BILL TO BE ENTITLED AN ACT TO PROHIBIT MEMBERS OF THE 
GENERAL ASSEMBLY FROM SERVING ON THE BOARD OF TRUSTEES OF A 
COMMUNITY COLLEGE. 

Referred to Education/Higher Education Committee. 

By Senators Warren, Albertson, Kerr, Martin of Guilford, Martin of Pitt and Perdue: 
S.B. 736, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

PROVIDE TUITION REMISSIONS AND TUITION AWARDS FOR GRADUATE 

PROGRAMS AT EAST CAROLINA UNIVERSITY. 
Referred to Appropriations/Base Budget Committee. 

REFERRAL OF HOUSE MESSAGES 

Bills received from the House of Representatives on Wednesday, March 31, and 
ordered held in the Office of the Principal Clerk pending referral by the Chairman of the 
Rules and Operations of the Senate Committee pursuant to Rule 43, are referred to 
committee, as follows: 

April 1, 1999 



1999] SENATE JOURNAL 263 

H.B. 178, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
JONESVILLE TO CHARGE A FEE NOT TO EXCEED FIVE DOLLARS FOR 
UNCERTIFIED COPIES OF POLICE INCIDENT OR ACCIDENT REPORTS AND TO 
AUTHORIZE THE TOWN TO GIVE ANNUAL NOTICE OF VIOLATION TO 
CHRONIC VIOLATORS OF THE CITY'S OVERGROWN VEGETATION 
ORDINANCE. 

Referred to Finance Committee. 

H.B. 190, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CERTAIN 
FACILITIES TO SHARE PEER REVIEW INFORMATION WITH ACCREDITING 
ORGANIZATIONS. 

Referred to Health Care Committee. 

H.B. 447, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
ASHEVILLE TO PROHIBIT ACTS OF DISCRIMINATION IN EMPLOYMENT 
BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, 
OR AGE. 

Referred to State and Local Government Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 1 1:42 A.M. 



THIRTY-NINTH DAY 

Senate Chamber 
Monday, April 5, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Honorable Linda Garrou, Senator from Forsyth County, as 
follows: 

"Oh God, our Father, giver of every good and perfect gift, we thank You for Your 
many blessings. Lord, You know that we in this country take so much for granted. I was 
reminded again and again of that fact this weekend when I had the opportunity to marvel 
in the beauty of Your renewing gift of spring and share conversations with beloved friends 
and family. I had the freedom to celebrate my faith by responding, 'The Lord Is Risen 
Indeed!' free of reprisals. How ironic during this special season that we have people who 
have lost their lives and others wandering in the cold searching for food and rest because 
of their beliefs. 

"I pray that Your loving and calming hand will bring order to this war-torn country. 
Be with our soldiers, surround them with Your protection. Be with those in positions of 
authority and give them wisdom to make the right decisions as they seek to bring an end to 
this conflict when all the while we know that only in You can we find perfect peace. 

"Gracious God, forgive our selfish attitudes and our stumbling ways. Implant in our 
hearts a grateful spirit. Be with our families whom we leave behind at home. Grant that 
we here in this place will be willing servants to the people whom we represent. We ask 
this in Your Holy Name. Amen." 

April 5, 1999 



264 SENATE JOURNAL [Session 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
East, Senator Webster, and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, April 1, 
has been examined and is found to be correct. Upon his motion, the Senate dispenses with 
the reading of the Journal and it stands approved as written. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled and 
presented to the Office of the Secretary of State: 

H.B. 501, AN ACT TO AMEND THE LAW REGARDING APPOINTMENTS AND 
COMPENSATION OF HOSPITAL AUTHORITIES IN CRAVEN COUNTY. 

CHAPTERED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, assigned the 
following Chapter Numbers, and presented to the Office of the Secretary of State: 

S.B. 560, AN ACT TO CLARIFY THAT MARKETS THAT SELL UNCOOKED 
CURED COUNTRY HAM OR UNCOOKED CURED SALTED PORK THAT 
INVOLVES CERTAIN MINIMAL PREPARATION ARE EXEMPT FROM 
REGULATION UNDER CHAPTER 130A OF THE GENERAL STATUTES WHEN 
THAT MINIMAL PREPARATION IS THE ONLY ACTIVITY THAT WOULD 
SUBJECT THESE MARKETS TO SUCH REGULATION. (Became law upon approval 
of the Governor, March 31, 1999 - S.L. 1999-13.) 

S.B. 41, AN ACT TO REQUIRE THAT EVERY DWELLING UNIT LEASED AS 
RENTAL PROPERTY IN CERTAIN CITIES BE FURNISHED WITH A SOURCE OF 
HEAT. (Became law upon approval of the Governor, April 1, 1999 - S.L. 1999-14.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I Committee: 

H.B. 50, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
FAYETTEVILLE TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE 
EVIDENCE OF A TRAFFIC VIOLATION, with a favorable report. 

By Senator Kinnaird for the State and Local Government Committee: 

H.B. 153, A BILL TO BE ENTITLED AN ACT TO CHANGE THE FILING 
PERIOD FOR THE HOKE COUNTY BOARD OF EDUCATION, with a favorable 
report. 

S.B. 474, A BILL TO BE ENTITLED AN ACT TO MODIFY THE DISTRIBUTION 
OF THE PROFITS FROM THE HENDERSONVILLE LOCAL ALCOHOLIC 
BEVERAGE CONTROL SYSTEM, with a favorable report. 

April 5, 1999 



1999] SENATE JOURNAL 265 

S.B. 302, A BILL TO BE ENTITLED AN ACT TO REGULATE HUNTING IN LEE 
COUNTY, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2635 is adopted and 
engrossed. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 197 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
MODIFY THE GENERAL STATUTES TO IMPLEMENT CERTAIN 
RECOMMENDATIONS OF THE GOVERNOR'S TASK FORCE ON DOMESTIC 
VIOLENCE, for concurrence in the House Committee Substitute bill, which is placed on 
the Calendar for tomorrow, Tuesday, April 6. 

H.B. 165 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REENACT THE 1986 LAW PROVIDING FOR RISK-SHARING PLANS, TO AMEND 
THE IMMUNITY STATUTES FOR THE FAIR AND BEACH PLANS, AND TO 
MAKE A TECHNICAL AMENDMENT IN THE BEACH PLAN LAWS. 

Referred to Insurance Committee. 

H.B. 216, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT A 
RECOMMENDATION OF THE JOINT LEGISLATIVE EDUCATION OVERSIGHT 
COMMITTEE TO DIRECT THE STATE BOARD OF EDUCATION TO EXTEND ITS 
REVIEW AND EVALUATION OF CHARTER SCHOOLS. 

Referred to Education/Higher Education Committee. 

H.B. 248 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE STATUTES CONCERNING PRECINCT BOUNDARIES. 
Referred to Judiciary I Committee. 

H.B. 327 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE DIVISION OF NORTH CAROLINA AQUARIUMS, RATHER 
THAN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO OPERATE 
OR CONTRACT FOR FOOD AND VENDING SERVICES AT THE NORTH 
CAROLINA AQUARIUMS, AND TO REQUIRE THE NET PROCEEDS OF THESE 
FOOD AND VENDING SERVICES TO BE CREDITED TO THE NORTH CAROLINA 
AQUARIUMS FUND. 

Referred to State and Local Government Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

RESOLUTION FROM ANOTHER STATE 

The following resolution received from another Legislative Body is presented to the 
Senate and is ordered placed on file in the Principal Clerk's Office: 

Commonwealth of Virginia House Joint Resolution 552, Memorializing the Congress 
of the United States to either enact meaningful patient protections at the federal level with 
respect to employer self-funded plans or, in the absence of such federal action, amend the 

April 5, 1999 



266 SENATE JOURNAL [Session 

Employee Retirement Income Security Act (ERISA) of 1974 to grant authority to all 
individual states to monitor and regulate self-funded, employer-based health plans. (See 
Appendix.) 

CALENDAR 

Bills on tonight's Calendar are taken up and disposed of, as follows: 

S.B. 18 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTER OF THE TOWN OF CARTHAGE, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 44, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Forrester, Foxx, 
Garwood, Garrou, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, 
Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Odom, Perdue, 
Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Soles, Warren, and 
Wellons— 44. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 335 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE LAW REGARDING REDUCTION OR CONTINUATION OF A 
TEACHER'S BONUS, AS IT APPLIES TO THE CHARLOTTE-MECKLENBURG 
COUNTY SCHOOL ADMINISTRATIVE UNIT. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

S.B. 436, A BILL TO BE ENTITLED AN ACT TO RATIFY, APPROVE, 
CONFIRM, AND VALIDATE CERTAIN BOND REFERENDA OF UNITS OF LOCAL 
GOVERNMENT HELD IN CONNECTION WITH THE AUTHORIZATION OF 
BONDS OF THOSE UNITS, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, Forrester, 
Foxx, Garwood, Garrou, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Odom, 
Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Guilford, 
Soles, Warren, and Wellons — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 95 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE ELIGIBILITY REQUIREMENTS FOR MEMBERSHIP ON THE STATE BOARD 
OF COMMUNITY COLLEGES AND FOR MEMBERSHIP ON THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 293 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REMOVE THE SUNSET FROM AN ACT PROVIDING FOR REIMBURSEMENT BY 

April 5, 1999 



1999] SENATE JOURNAL 267 

HEALTH INSURERS FOR SERVICES PROVIDED BY FEE-BASED PRACTICING 
PASTORAL COUNSELORS. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 394, A BILL TO BE ENTITLED AN ACT TO ALLOW PREMIUMS FOR 
AUTOMOBILE AND PROPERTY AND CASUALTY INSURANCE COVERAGE TO 
BE PAID BY CREDIT CARD. 

The bill passes its second (44-2) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 525, A BILL TO BE ENTITLED AN ACT TO ALLOW NON-UNITED 
STATES CITIZENS WHO ARE RESIDENTS OF NORTH CAROLINA TO SERVE AS 
PERSONAL REPRESENTATIVES IN THE ADMINISTRATION OF ESTATES. 

The bill passes its second (47-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 51 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AMEND THE LAW GOVERNING HIGHWAY SMALL PROJECT BIDDING, for 
concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (46-0) and the measure is 
ordered enrolled and sent to the Governor. 

COMMITTEE REFERRAL RECALL 

S.B. 44, A BILL TO BE ENTITLED AN ACT RELATING TO THE 18TH 
SENATORIAL DISTRICT, referred to the Rules and Operations of the Senate 
Committee on February 8. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

WITHDRAWAL FROM CALENDAR 

S.B. 65 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ENHANCE MOTOR VEHICLE OCCUPANT RESTRAINT SAFETY, placed on the 
Calendar for Tuesday, April 6. 

Senator Purcell offers a motion that the Committee Substitute bill be withdrawn from 
the Calendar for Tuesday, April 6, and placed on the Calendar for Wednesday April 14, 
which motion prevails with unanimous consent. 

The Chair orders the Committee Substitute bill withdrawn from the Calendar for 
Tuesday, April 6, and places it on the Calendar for Wednesday, April 14. 

SENATE PAGES 

The President recognizes the following pages serving in the Senate this week: 

Abhay Aneja, Greenville; Allison Jane Avery, Gastonia; William Henderson Bledsoe, 
La Grange; Laura Bortz, Southern Shores; Julia Elizabeth Bowling, Franklin; Christy 
Cagle, Graham; Thomas Collins Cooper III, Goldsboro; Diane L. Hake, Spindale; Kelly 
Leigh Harmon, Vilas; Cooper Buxton Healey, Chapel Hill; Kempton Lark Healey, Chapel 

April 5, 1999 



268 SENATE JOURNAL [Session 

Hill; Brandon Wayne Hoover, Trinity; Crystal Renee Keen, Faison; Heather Lowman, 
Spindale; Brett E. Lybrand, Gastonia; Lauren Myers, Kinston; Luke Powers, Chapel Hill; 
Nicholas Andrew Prieto, Rockingham; Jeffrey Graham Ricks, Rockingham; Philip W. 
Stewart, Wade; Charles Tucker, Jr., Raleigh; Cara Helen Virgili, Raleigh; and Susan 
Alexandra Williams, Hickory. 

Upon motion of Senator Basnight, seconded, by Senator Rand, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Tuesday, April 6, at 2:00 P.M. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Martin of Guilford, Hagan, Shaw of Guilford and Warren: 

S.B. 737, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS 

FOR PROJECT HOMESTEAD, A NONPROFIT COMMUNITY DEVELOPMENT 

CORPORATION. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Hagan, Shaw of Guilford and Warren: 
S.B. 738, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE GUILFORD COUNTY TEEN COURT PROGRAM. 
Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Hagan, Shaw of Guilford and Warren: 
S.B. 739, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
SCHOOL ADMINISTRATOR PROGRAMS THAT MAY BE ESTABLISHED BY THE 
BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA AND TO 
PROVIDE THAT ONE OF THOSE PROGRAMS SHALL BE AT NORTH CAROLINA 
AGRICULTURAL AND TECHNICAL STATE UNIVERSITY. 

Referred to Education/Higher Education Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

By Senators Wellons, Carter, Kinnaird, Lucas, Martin of Guilford, Metcalf, Phillips 
and Robinson: 

S.B. 740, A BILL TO BE ENTITLED AN ACT TO ALLOW FOR ALTERNATIVE 
TESTING STANDARDS FOR CERTAIN CHILDREN WITH SPECIAL NEEDS. 

Referred to Education/Higher Education Committee. 

By Senators Hagan and Martin of Guilford: 

S.B. 741, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
REPLACE THE ROOF AND UPGRADE THE HISTORIC CAROLINA THEATRE IN 
THE CITY OF GREENSBORO. 

Referred to Appropriations/Base Budget Committee. 

By Senators Dalton, Allran, Carpenter, Carrington, Carter, Cochrane, Cooper, 
Forrester, Foxx, Garrou, Garwood, Horton, Hoyle, Lucas, Martin of Guilford, Metcalf, 
Moore, Odom, Phillips, Rucho, Warren, Weinstein and Wellons: 

S.B. 742, A BILL TO BE ENTITLED AN ACT TO MAKE IT UNLAWFUL FOR 
A SCHOOL TEACHER OR ADMINISTRATOR TO ENGAGE IN SEXUAL ACTS 

April 5, 1999 



1999] SENATE JOURNAL 269 

WITH A STUDENT. 

Referred to Judiciary II Committee. 

By Senators Dalton and Moore: 

S.B. 743, A BILL TO BE ENTITLED AN ACT TO REDUCE THE COUNTY 
SHARE OF FUNDS FOR STATE-COUNTY SPECIAL ASSISTANCE. 
Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Allran, Ballantine, Carter, Clodfelter, Cooper, Dannelly, Hoyle, 
Martin of Guilford, Metcalf, Rand, Warren and Wellons: 

S.B. 744, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DIVISION OF TOURISM, FILM AND SPORTS DEVELOPMENT FOR 
MARKETING AND ADVERTISING. 

Referred to Appropriations/Base Budget Committee. 

By Senators East, Carrington and Foxx: 

S.B. 745, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
CHILDREN'S HEALTH AND SERVICES CENTER IN SURRY COUNTY. 
Referred to Appropriations/Base Budget Committee. 

By Senators Cooper, Ballance, Foxx, Kinnaird, Martin of Guilford, Miller, Rand, 
Reeves and Soles: 

S.B. 746, A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH 
CAROLINA STRUCTURED SETTLEMENT PROTECTION ACT. 

Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 747, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE ACQUISITION OF LAND AT NASH COMMUNITY COLLEGE. 
Referred to Appropriations/Base Budget Committee. 

By Senators Foxx, Allran, Ballantine, Carpenter, Carrington, Cochrane, East, 
Forrester, Garwood, Hartsell, Horton, Kerr, Moore, Rucho and Webster: 

S.B. 748, A BILL TO BE ENTITLED AN ACT TO GIVE TEACHERS CREDIT 
FOR THE EXCESS PERSONAL LEAVE TIME THAT THEY EARN. 

Referred to Education/Higher Education Committee and upon a favorable report, 
re-referred to the Appropriations/Base Budget Committee. 

By Senators Reeves and Perdue: 

S.B. 749, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE DEVELOPMENT OF THE EXPLORIS CHILDREN'S MUSEUM ABOUT THE 
WORLD. 

Referred to Appropriations/Base Budget Committee. 

By Senators Dalton, Hoyle and Perdue: 

S.R. 750, A SENATE RESOLUTION HONORING THE TOWN OF LATTIMORE 
UPON ITS ONE HUNDREDTH ANNIVERSARY AND HONORING ITS FOUNDER, 
THE HONORABLE AUDLEY M. LATTIMORE. 

Referred to Judiciary II Committee. 

By Senators Lee and Perdue: 

S.B. 751, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

April 5, 1999 



270 SENATE JOURNAL [Session 

EXPAND THE PUBLIC-PRIVATE PARTNERSHIP TO EXPAND TECHNOLOGY IN 
NORTH CAROLINA PUBLIC SCHOOLS AND THEIR COMMUNITIES, 
INCLUDING A VOCATIONAL EDUCATION COMPUTER RECYCLING AND 
BUILDING PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lee and Perdue: 

S.B. 752, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ADD THREE PEDIATRIC DENTISTRY RESIDENTS AT THE DEPARTMENT OF 
PEDIATRIC DENTISTRY AT THE UNIVERSITY OF NORTH CAROLINA AT 
CHAPEL HILL. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler, Albertson, Perdue, Purcell and Rucho: 

S.B. 753, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT TURF GRASS RESEARCH PROJECTS AT NORTH CAROLINA STATE 
UNIVERSITY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Phillips, Albertson, Allran, Carter, Clodfelter, Cochrane, Dalton, 
Dannelly, Foxx, Garrou, Gulley, Hagan, Harris, Hartsell, Horton, Kinnaird, Lucas, Martin 
of Guilford, Metcalf, Miller, Moore, Odom, Perdue, Purcell, Reeves, Robinson, Rucho, 
Shaw of Cumberland, Soles, Warren, Weinstein and Wellons: 

S.B. 754, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE NORTH CAROLINA FARMLAND PRESERVATION TRUST FUND FOR THE 
ACQUISITION OF AGRICULTURAL CONSERVATION EASEMENTS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Allran, Ballantine, Carter, Foxx, Garrou, Hagan, Harris, Horton, 
Hoyle, Kinnaird, Lucas, Martin of Guilford, Metcalf, Miller, Phillips, Plyler, Purcell, 
Robinson, Shaw of Cumberland, Soles and Wellons: 

S.B. 755, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA MUSEUM OF ART. 

Referred to Appropriations/Base Budget Committee. 

By Senators Horton, Allran, Ballance, Ballantine, Carpenter, Cochrane, Dalton, East, 
Forrester, Foxx, Gulley, Hartsell, Kerr, Martin of Guilford, Miller, Odom, Perdue, 
Phillips, Rand, Rucho, Soles and Wellons: 

S.B. 756, A BILL TO BE ENTITLED AN ACT TO INCREASE MANDATORY 
LIABILITY INSURANCE REQUIREMENTS FOR CERTAIN MOTOR VEHICLES 
AND TO MAKE CONFORMING CHANGES IN CHAPTER 58 OF THE GENERAL 
STATUTES. 

Referred to Judiciary II Committee. 

By Senators Rucho, Allran, Ballantine, Clodfelter, Cochrane, Dannelly, Forrester, 
Foxx, Gulley, Lucas, Odom, Perdue, Plyler and Rand: 

S.B. 757, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH A LITERACY-BASED PRESCHOOL GRANT PROGRAM TO PREPARE 
AT-RISK STUDENTS FOR KINDERGARTEN. 

Referred to Appropriations/Base Budget Committee. 

April 5, 1999 



1 999] SENATE JOURNAL 27 1 

By Senators Kinnaird, Foxx, Lee, Miller, Reeves and Wellons: 

S.B. 758, A BILL TO BE ENTITLED AN ACT TO ALLOW MEMBERS OF THE 
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM TO PURCHASE 
CERTAIN PART-TIME SERVICE RENDERED WHILE FULL-TIME STUDENTS. 

Referred to Pensions & Retirement and Aging Committee: 

By Senators Kinnaird, Gulley and Lucas: 

S.B. 759, A BILL TO BE ENTITLED AN ACT RELATING TO CRIMINAL 
PENALTIES FOR PRIVATE SEXUAL ACTIVITY BETWEEN CONSENTING 
ADULTS. 

Referred to Judiciary II Committee. 

By Senators Gulley, Cooper and Perdue: 

S.B. 760, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES IN THE 
CAMPAIGN FINANCE LAWS. 

Referred to Judiciary I Committee. 

By Senator Wellons: 

S.B. 761, A BILL TO BE ENTITLED AN ACT TO REFORM AND MODERNIZE 
THE ACKNOWLEDGMENT OF CORPORATE REAL PROPERTY INSTRUMENTS 
AND THE EXECUTION OF REAL PROPERTY INSTRUMENTS GENERALLY. 

Referred to Judiciary I Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 7:47 P.M. 



FORTIETH DAY 

Senate Chamber 
Tuesday, April 6, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by The Reverend Patricia Stone, Gilboa Peachland United Methodist 
Church, Peachland, North Carolina, as follows: 

"God of all Creation, in this Holy season, we praise You for the beauty of Your earth. 
In this great State of North Carolina, we thank You for the dogwood trees and the long- 
leaf pines, for the cardinals winging their flight from the majestic mountain heights to the 
mighty ocean sands. 

"As Your creatures embodied with the gift of mind, we gather as Your entrusted 
leaders to make decisions for the people of North Carolina. We pray for wisdom to 
discern Your truth and justice in all matters of business brought before this Senate Body. 

"Grant us compassion to ease those bearing heavy burdens; especially do we lift up all 
fleeing oppression this day. Give them bread for body and soul and hope for the future. 

"Enclose in Your care our leaders, our sons and daughters, who serve in the armed 
forces, and return them safely to us. 

"We offer this prayer in the spirit of unity and peace. Amen." 

April 6, 1999 



272 SENATE JOURNAL [Session 

With unanimous consent, the President Pro Tempore grants a leave of absence for 
today to Senator Webster. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, April 5, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore of the Senate extends courtesies of the floor to Dr. Carl 
James Scharf from Charlotte, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Alma Kay Woolard from Laurinburg, North Carolina, who is serving the 
Senate as Nurse of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 51, AN ACT TO AMEND THE LAW GOVERNING HIGHWAY SMALL 
PROJECT BIDDING. 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled, and 
presented to the Office of the Secretary of State: 

S.B. 300, AN ACT REPEALING THE TOWN OF CALABASH'S LIMITATIONS 
ON THE HEIGHT OF BUILDINGS, EXTENDING THE TOWN'S 
EXTRATERRITORIAL JURISDICTION, INCREASING THE NUMBER OF TOWN 
COMMISSIONERS, AND STAGGERING THE COMMISSIONERS' TERMS. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

H.B. 501, AN ACT TO AMEND THE LAW REGARDING APPOINTMENTS AND 
COMPENSATION OF HOSPITAL AUTHORITIES IN CRAVEN COUNTY. (Became 
law upon ratification, April 5, 1999 - S.L. 1999-15.) 

REPORT OF COMMITTEE 

A bill and a resolution are reported from a standing committee, read by their titles, 
together with the report accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Miller for the Judiciary II Committee: 

S.B. 690, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
NONPARTISAN ELECTION OF DISTRICT COURT JUDGES, with a favorable report. 

S.R. 750, A SENATE RESOLUTION HONORING THE TOWN OF LATTIMORE 
UPON ITS ONE HUNDREDTH ANNIVERSARY AND HONORING ITS FOUNDER, 
THE HONORABLE AUDLEY M. LATTIMORE, with an unfavorable report as to Senate 
Resolution, but favorable as to Committee Substitute Senate Resolution. 



April 6, 1999 



1999] SENATE JOURNAL 273 

Pursuant to Rule 45.1, the proposed Committee Substitute Senate Resolution 6607 is 
adopted and engrossed. 

With unanimous consent, upon motion of Senator Dalton, the rules are suspended and 
the Committee Substitute Senate Resolution is placed before the Senate for immediate 
consideration. 

Upon motion of Senator Dalton, the Committee Substitute Senate Resolution is 
adopted (47-0). (See Appendix.) 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Carter: 

S.B. 762, A BILL TO BE ENTITLED AN ACT DIRECTING THE JOINT 
LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO STUDY HIGH 
SCHOOL GRADUATION STANDARDS. 

Referred to Rules and Operations of the Senate Committee. 






By Senator Webster: 

S.R. 763, A SENATE RESOLUTION COMMENDING ALAMANCE COUNTY ON 
ITS SESQUICENTENNIAL. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Lee: 

S.B. 764, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE NORTH CAROLINA MUSEUM OF ART FOUNDATION TO ASSIST IN THE 
DEVELOPMENT OF THE FILM, KAY KYSER-A LIFE IN MOTION. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 765, A BILL TO BE ENTITLED AN ACT PROVIDING THAT STATE 
EMPLOYEES AND PUBLIC SCHOOL EMPLOYEES MAY SHARE LEAVE 
VOLUNTARILY. 

Referred to Education/Higher Education Committee. 

By Senator Miller: 

S.B. 766, A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN PROVISIONS 
IN THE INSURANCE LAW APPLICABLE TO HOSPITAL, MEDICAL, AND 
DENTAL SERVICE CORPORATIONS AND TO HEALTH MAINTENANCE 
ORGANIZATIONS. 

Referred to Insurance Committee. 

By Senator Miller: 

S.B. 767, A BILL TO BE ENTITLED AN ACT TO PROVIDE A ONE- YEAR 
WAITING PERIOD BEFORE FORMER LEGISLATORS MAY BECOME LOBBYISTS. 
Referred to Judiciary II Committee. 

By Senator Miller: 

S.B. 768, A BILL TO BE ENTITLED AN ACT TO ALLOW JUDICIAL 
DISCRETION IN DETERMINING THE AMOUNT OF SUBROGATION OF 
EMPLOYERS' LIENS IN ACTIONS AGAINST THIRD PARTIES UNDER THE 

April 6, 1999 



274 SENATE JOURNAL [Session 

WORKERS' COMPENSATION ACT. 
Referred to Judiciary II Committee. 

By Senators Foxx, Allran, Carpenter, Carrington, Cochrane, East, Forrester, Garwood, 
Hartsell, Horton, Odom, Purcell, Rucho, Shaw of Guilford, Webster and Weinstein: 

S.B. 769, A BILL TO BE ENTITLED AN ACT TO MODIFY THE ESSENTIAL 
ELEMENTS OF THE FELONY OFFENSE OF LARCENY OF GINSENG. 

Referred to Judiciary I Committee. 

By Senators Rand, Allran, Ballantine, Clodfelter, Cooper, Foxx, Gulley, Hartsell, 
Miller, Reeves, Soles and Wellons: 

S.B. 770, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE COMMUNITY 
MEDIATION CENTERS. 

Referred to Judiciary I Committee. 

By Senators Kinnaird and Lee: 

S.B. 771, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
COMPLETE THE CONSTRUCTION OF THE BANDSTAND AT THE CARRBORO 
FARMERS' MARKET. 

Referred to Appropriations/Base Budget Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message received in the Office of the Principal Clerk from the House of 
Representatives transmitting a bill is presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 462, A BILL TO BE ENTITLED AN ACT TO ALLOW THE TOWN OF 
CHADBOURN AND MOUNT GILEAD, AND MONTGOMERY COUNTY, TO 
COLLECT UTILITY BILLS AS IF THEY WERE TAXES DUE THE TOWN. 

Referred to Finance Committee. 

CALENDAR 

Bills on today's calendar are taken up and disposed of as follows: 

S.B. 302 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REGULATE HUNTING IN LEE COUNTY. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 474, A BILL TO BE ENTITLED AN ACT TO MODIFY THE DISTRIBUTION 
OF THE PROFITS FROM THE HENDERSONVILLE LOCAL ALCOHOLIC 
BEVERAGE CONTROL SYSTEM. 

The bill passes its second (49-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 50, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
FAYETTEVILLE TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE 
EVIDENCE OF A TRAFFIC VIOLATION. 

The bill passes its second (49-0) and third readings and is ordered enrolled. 

H.B. 153, A BILL TO BE ENTITLED AN ACT TO CHANGE THE FILING 
April 6, 1999 



1999] SENATE JOURNAL 275 

PERIOD FOR THE HOKE COUNTY BOARD OF EDUCATION. 

The bill passes its second (49-0) and third readings and is ordered enrolled. 

H.B. 112 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ENACT 
THE UNIFORM TRANSFER ON DEATH (TOD) SECURITY REGISTRATION ACT 
AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

With unanimous consent, upon motion of Senator Soles, the Committee Substitute bill 
is withdrawn from today's Calendar and is re-referred to the Finance Committee. 

S.B. 40, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
PERSONS AUTHORIZED TO BE APPOINTED TO SUBCOMMITTEES OF THE 
NORTH CAROLINA STUDY COMMISSION ON AGING. 

Upon the appearance of Senator Webster in the Chamber, the Chair acknowledges his 
presence and the leave of absence granted previously is withdrawn. 

The bill passes its second reading (49-0) and third reading (50-0) and is ordered sent to 
the House of Representatives. 

S.B. 214, A BILL TO BE ENTITLED AN ACT TO PROVIDE A MEANS OF 
MEASURING AVERAGE FINAL COMPENSATION FOR MEMBERS OF THE 
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM AND THE 
LOCAL GOVERNMENTAL RETIREMENT SYSTEM WHO PURCHASE 
CREDITABLE SERVICE FOR LEAVES OF ABSENCE INCURRED WHILE 
RECEIVING WORKERS' COMPENSATION PAYMENTS. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 284 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THE DEPARTMENT OF ADMINISTRATION TO REVIEW STATE 
PROCUREMENT CONTRACT AWARDS BY BUSINESS SIZE CATEGORY AND TO 
REVIEW MEASURES TO ENCOURAGE PARTICIPATION BY SMALL AND 
MEDIUM-SIZED BUSINESSES IN STATE PROCUREMENT CONTRACTS. 

The Committee Substitute bill passes its second (50-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 197 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
MODIFY THE GENERAL STATUTES TO IMPLEMENT CERTAIN 
RECOMMENDATIONS OF THE GOVERNOR'S TASK FORCE ON DOMESTIC 
VIOLENCE, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (50-0) and the measure is 
ordered enrolled and sent to the Governor. 

COMMITTEE REFERRAL RECALL 

S.B. 691, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF BERMUDA RUN AND TO SIMULTANEOUSLY DISSOLVE THE BERMUDA 
CENTER SANITARY DISTRICT. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

April 6, 1999 



276 SENATE JOURNAL [Session 

Upon motion of Senator Ballance, seconded by Senator Webster, the Senate adjourns 
at 2:45 P.M. to meet tomorrow, Wednesday, April 7, at 4:00 P.M. 



FORTY-FIRST DAY 

Senate Chamber 
Wednesday, April 7, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Terence Rose, Campaign for Christ Ministries, 
Dunwoody, Georgia, as follows: 

"Heavenly Father, on this day when we defy and deny You, where we redefine right 
and wrong and we manufacture excuses, open the hearts of us all to receive Your wisdom, 
Your direction, Your inspiration. We need Your guidance. Lord, please bless this 
gathering, this Assembly that You have called and that You have appointed. 

"I pray we will undertake the responsibility that we bear to maintain spiritual 
awareness and sensitivity that through respect for Your Word, Your Will, and Your 
covenant promise, this nation will prosper and show forth Your blessing with consistent 
integrity and commitment to boldly stand for truth, righteousness, and peace, to abhor evil 
and through courage refuse to compromise for the sake of popularity, power, or self 
gratification. Thereby, Lord, honoring You, this nation and its people, I pray Lord that 
You bless these Your instruments for the glory of Your Name, and it is in the Name of our 
Savior that I pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Carter, Senator Odom, Senator Shaw of Guilford, and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 6, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Robert Howard 
McConville, Jr. from Sanford, North Carolina, who is serving the Senate as Doctor of the 
Day, and to Kay Lanier from Johnston Community College, who is serving the Senate as 
Nurse of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 197, AN ACT TO MODIFY THE GENERAL STATUTES TO IMPLEMENT 
CERTAIN RECOMMENDATIONS OF THE GOVERNOR'S TASK FORCE ON 
DOMESTIC VIOLENCE. 

The Enrolling Clerk reports the following bills duly ratified, properly enrolled, and 
presented to the Office of the Secretary of State: 

April 7, 1999 



1999] SENATE JOURNAL 277 

H.B. 50, AN ACT TO AUTHORIZE THE CITY OF FAYETTEVILLE TO USE 
PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE OF A TRAFFIC 
VIOLATION. 

H.B. 153, AN ACT TO CHANGE THE FILING PERIOD FOR THE HOKE 
COUNTY BOARD OF EDUCATION. 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

S.B. 300, AN ACT REPEALING THE TOWN OF CALABASH'S LIMITATIONS 
ON THE HEIGHT OF BUILDINGS, EXTENDING THE TOWN'S 
EXTRATERRITORIAL JURISDICTION, INCREASING THE NUMBER OF TOWN 
COMMISSIONERS, AND STAGGERING THE COMMISSIONERS' TERMS. (Became 
law upon ratification, April 6, 1999 - S.L. 1999-16.) 

COMMITTEE REFERRAL RECALL 

S.B. 733, A BILL TO BE ENTITLED AN ACT REQUIRING THAT THE REVIEW 
OF CERTAIN MEDICAL CLAIMS BE CONDUCTED BY PERSONS LICENSED TO 
PRACTICE CHIROPRACTIC IN THIS STATE, referred to the Health Care Committee 
on April 1 . 

Pursuant to Rule 47(a), Senator Purcell offers a motion that the bill be withdrawn from 
the Health Care Committee and re-referred to the Commerce Committee, which motion 
prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Health Care Committee and re-refers 
the measure to the Commerce Committee. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Purcell for the Health Care Committee: 

S.B. 345, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT 
RECONSIDERATION AND APPEAL OF UTILIZATION REVIEW 
NONCERTIFICATION BE EVALUATED BY MEDICAL DOCTORS LICENSED TO 
PRACTICE IN THIS STATE, with a favorable report. 

Upon motion of Senator Purcell, the bill is re-referred to the Insurance Committee. 

S.B. 344, A BILL TO BE ENTITLED AN ACT TO PROVIDE EXPANDED 
ACCESS TO SPECIALTY CARE IN MANAGED CARE PLANS, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill A605 is adopted and 
engrossed. 

By Senator Soles for the Commerce Committee: 

S.B. 417, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE USE OF 

April 7, 1999 



278 SENATE JOURNAL [Session 

LETTERS OF CREDIT FROM A FEDERAL HOME LOAN BANK AS COLLATERAL 
FOR DEPOSITS OF LOCAL GOVERNMENTS AND PUBLIC AUTHORITIES, with a 
favorable report. 

S.B. 192, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE FILING 
WITH THE SECRETARY OF STATE OF ALL MEMORANDA OF 

UNDERSTANDING AND AGREEMENTS OF A NONCOMMERCIAL NATURE 
BETWEEN THE STATE OF NORTH CAROLINA AND FOREIGN GOVERNMENTS, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4630, which changes 
the title to read S.B. 192 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO PROVIDE FOR THE FILING WITH THE SECRETARY OF STATE OF ALL 
MEMORANDA OF UNDERSTANDING AND AGREEMENTS OF A 
NONCOMMERCIAL NATURE BETWEEN THE STATE OF NORTH CAROLINA 
AND FOREIGN GOVERNMENTS, TO AUTHORIZE THE SECRETARY OF STATE 
TO PROVIDE INTERNATIONAL RELATIONS ASSISTANCE AND TO PUBLISH 
PUBLICATIONS ELECTRONICALLY, AND TO PROVIDE FOR GUBERNATORIAL 
OVERSIGHT OF AGREEMENTS INVOLVING THE STATE AND FOREIGN 
GOVERNMENTS, is adopted and engrossed. 

S.B. 254, A BILL TO BE ENTITLED AN ACT TO MODIFY AND UPDATE THE 
OUTDOOR ADVERTISING CONTROL ACT, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1647, which changes 
the title to read S.B. 254 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO INCREASE VARIOUS OUTDOOR ADVERTISING PERMIT FEES, CHANGE 
THE ADMINISTRATIVE REVIEW AND JUDICIAL REVIEW OF OUTDOOR 
ADVERTISING DECISIONS, EXPAND CURRENT NOTIFICATION 
REQUIREMENTS, AND MODIFY AND UPDATE THE OUTDOOR ADVERTISING 
CONTROL ACT WITH RESPECT TO VENUE REQUIREMENTS, DEFINITIONS, 
AND PARTIES RESPONSIBLE FOR PAYMENT OF REMOVAL OF ILLEGAL 
OUTDOOR ADVERTISING, is adopted and engrossed. 

Upon motion of Senator Soles, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 391, A BILL TO BE ENTITLED AN ACT TO PROHIBIT DEER HUNTING IN 
MOORE COUNTY WITHOUT THE WRITTEN PERMISSION OF THE 
LANDOWNER, TO PROHIBIT DEER HUNTING FROM THE RIGHT-OF-WAY OF A 
PUBLIC ROAD IN MOORE COUNTY, AND TO REQUIRE OWNER 
IDENTIFICATION ON DOGS USED TO HUNT DEER IN MOORE COUNTY, with a 
favorable report. 

S.B. 709, A BILL TO BE ENTITLED AN ACT TO ALLOW MECKLENBURG 
COUNTY TO ACQUIRE PROPERTY FOR USE BY ITS BOARDS OF EDUCATION, 
with a favorable report. 

S.B. 333 (Committee Substitute), A BILL TO BE ENTITLED AN ACT RELATING 
TO THE MEMBERSHIP OF STATUTORILY CREATED DECISION-MAKING OR 
REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND COMMITTEES; 
PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO THE 

April 7, 1999 






1999] SENATE JOURNAL 279 

APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENSURE PROPORTIONATE 
REPRESENTATION OF WOMEN; REQUIRING ANNUAL REPORTS; AND 
REQUIRING RETENTION OF CERTAIN INFORMATION REGARDING 
APPLICANTS, with an unfavorable report as to Committee Substitute bill No. 1, but 
favorable as to Committee Substitute bill No. 2. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill No. 2, 1650, which 
changes the title to read S.B. 333 (Committee Substitute No. 2), A BILL TO BE 
ENTITLED AN ACT RELATING TO THE MEMBERSHIP OF STATUTORILY 
CREATED DECISION-MAKING OR REGULATORY BOARDS, COMMISSIONS, 
COUNCILS, AND COMMITTEES; PROVIDING INTENT; PROVIDING POLICY 
WITH RESPECT TO THE APPOINTMENT OF MEMBERS TO SUCH BODIES TO 
ENCOURAGE PROPORTIONATE REPRESENTATION OF WOMEN; REQUIRING 
ANNUAL REPORTS; AND REQUIRING RETENTION OF CERTAIN 
INFORMATION REGARDING APPLICANTS, is adopted and engrossed. 

By Senator Wellons for the Insurance Committee: 

S.B. 389, A BILL TO BE ENTITLED AN ACT TO REVISE THE REQUIREMENTS 
OF FINANCIAL REPORTS OF CERTAIN TOWN OR COUNTY MUTUALS, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1658, which changes 
the title to read S.B. 389 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO CLARIFY THE 1998 CHANGE IN THE LAW GOVERNING THE FILING OF 
FINANCIAL REPORTS BY SMALL TOWN OR COUNTY MUTUALS, is adopted and 
engrossed. 

By Senator Lee for the Education/Higher Education Committee: 

H.B. 216, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT A 
RECOMMENDATION OF THE JOINT LEGISLATIVE EDUCATION OVERSIGHT 
COMMITTEE TO DIRECT THE STATE BOARD OF EDUCATION TO EXTEND ITS 
REVIEW AND EVALUATION OF CHARTER SCHOOLS, with a favorable report. 

S.B. 735, A BILL TO BE ENTITLED AN ACT TO PROHIBIT MEMBERS OF THE 
GENERAL ASSEMBLY FROM SERVING ON THE BOARD OF TRUSTEES OF A 
COMMUNITY COLLEGE, with a favorable report. 

By Senator Hoyle for the Finance Committee: 

H.B. 56 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ELIMINATE THE USE OF STAMPS TO INDICATE WHETHER THE EXCISE TAX 
ON CONVEYANCES HAS BEEN PAID AND TO MAKE THE PENALTIES THAT 
APPLY TO THIS TAX THE SAME AS FOR OTHER TAXES, with a favorable report. 

S.B. 515, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
PAID MEMBERS A RESCUE OR RESCUE/EMS UNIT MAY HAVE TO RECEIVE 
GRANTS, with a favorable report. 

S.B. 622, A BILL TO BE ENTITLED AN ACT TO IMPOSE ADDITIONAL FEES 
AND COSTS AND TO INCREASE EXISTING FEES COLLECTED UNDER THE 
NURSING HOME ADMINISTRATORS BOARD ACT, with a favorable report. 

April 7, 1999 



280 SENATE JOURNAL [Session 

S.B. 44, A BILL TO BE ENTITLED AN ACT RELATING TO THE 18TH 
SENATORIAL DISTRICT, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill A602, which changes 
the title to read S.B. 44 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ANNEX CERTAIN DESCRIBED TERRITORY TO THE TOWN OF LAKE 
WACCAMAW, is adopted and engrossed. 

S.B. 286, A BILL TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION 
OF NORTH CAROLINA TO AUTHORIZE THE GENERAL ASSEMBLY TO ENACT 
LEGISLATION ALLOWING EACH COUNTY TO (I) INCREASE THE AMOUNT OF 
THE PROPERTY TAX HOMESTEAD EXEMPTION FOR LOW-INCOME ELDERLY 
AND DISABLED INDIVIDUALS IN THAT COUNTY AND (II) RAISE THE 
DEFINITION OF "LOW-INCOME" SO THAT MORE ELDERLY AND DISABLED 
INDIVIDUALS CAN QUALIFY FOR THE EXEMPTION, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7590, which changes 
the title to read S.B. 286 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AMEND THE CONSTITUTION OF NORTH CAROLINA, IF APPROVED BY 
THE VOTERS IN THE 2000 GENERAL ELECTION, TO AUTHORIZE THE 
GENERAL ASSEMBLY TO ENACT LEGISLATION ALLOWING EACH COUNTY 
TO (I) INCREASE THE AMOUNT OF THE PROPERTY TAX HOMESTEAD 
EXEMPTION FOR LOW-INCOME ELDERLY AND DISABLED INDIVIDUALS IN 
THAT COUNTY AND (II) RAISE THE DEFINITION OF "LOW-INCOME" SO THAT 
MORE ELDERLY AND DISABLED INDIVIDUALS CAN QUALIFY FOR THE 
EXEMPTION, is adopted and engrossed. 

INTRODUCTION OF BILLS AND A RESOLUTION 

Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Clodfelter, Dannelly and Odom: 

S.B. 772, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CREATION 
OF MUNICIPAL SERVICE DISTRICTS IN CERTAIN CITIES FOR URBAN AREA 
REVITALIZATION PROJECTS. 

Referred to Finance Committee. 

By Senator Clodfelter: 

S.B. 773, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE TIME FOR 
ACTION ON REMAND FOLLOWING COURT REVIEW OF ANNEXATIONS 
ORDINANCES. 

Referred to Judiciary I Committee. 

By Senators Clodfelter and Dannelly: 

S.B. 774, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
APPOINTMENT OF MULTIPLE PROXIES OF MEMBERS OF NONPROFIT 
CORPORATIONS BY ELECTRONIC OR TELEPHONIC COMMUNICATION. 

Referred to Judiciary I Committee. 

By Senators Clodfelter and Dannelly: 

S.B. 775, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE EXPRESSLY 

April 7, 1999 



1 999] SENATE JOURNAL 28 1 

THE APPOINTMENT OF MULTIPLE PROXIES BY ELECTRONIC OR 
TELEPHONIC COMMUNICATION. 
Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 776, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 
THE LAW EXEMPTING CERTAIN GOVERNMENTAL ENTITIES FROM STATE 
PURCHASE AND CONTRACT REQUIREMENTS. 

Referred to Finance Committee. 

By Senator Albertson: 

S.B. 777, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
REGULATION OF CERTAIN EXCAVATION AND GRADING ACTIVITIES UNDER 
THE SEDIMENTATION POLLUTION CONTROL ACT OF 1973 INSTEAD OF THE 
MINING ACT OF 1971. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson and Warren: 

S.B. 778, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
ECONOMIC DEVELOPMENT IN SAMPSON COUNTY. 
Referred to Appropriations/Base Budget Committee. 

By Senator Albertson: 

S.B. 779, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SAMPSON COUNTY TO RELOCATE THE CLAUDE MOORE CABIN MUSEUMS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Reeves, Ballance, Clodfelter, Dannelly, Gulley, Kinnaird, Lucas, Martin 
of Guilford and Miller: 

S.B. 780, A BILL TO BE ENTITLED AN ACT TO ALLOW A STATE EARNED 
INCOME TAX CREDIT. 

Referred to Finance Committee. 

By Senators Forrester and Purcell: 

S.J.R. 781, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
DR. EDMUND STRUDWICK, THE FIRST PRESIDENT OF THE NORTH CAROLINA 
MEDICAL SOCIETY, ON THE SOCIETY'S ONE HUNDRED FIFTIETH 
ANNIVERSARY. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Perdue: 

S.B. 782, A BILL TO BE ENTITLED AN ACT TO DEVELOP A STRATEGY AND 
A PLAN FOR BEACH MANAGEMENT AND RESTORATION. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Cochrane, Ballantine, Carpenter, Carrington, East, Forrester, Foxx, 
Garwood, Hartsell, Horton, Martin of Pitt, Martin of Guilford and Webster: 

S.B. 783, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT ADULT 
CARE HOMES, NURSING HOMES, AND ADULT DAY CARE PROGRAMS 
PROVIDING SPECIAL CARE FOR PERSONS WITH ALZHEIMER'S DISEASE OR 
OTHER DEMENTIAS DISCLOSE CERTAIN INFORMATION. 

Referred to Health Care Committee. 



April 7, 1999 



282 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Albertson, Ballance, Cooper, Dannelly, Gulley, 
Kinnaird, Lucas, Perdue, Phillips, Purcell and Warren: 

S.B. 784, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO MAINTAIN THE 
ASSISTIVE TECHNOLOGY PROJECT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Albertson, Clodfelter, Cooper, Dannelly, Horton, Hoyle, Kerr, Martin of 
Pitt, Martin of Guilford, Perdue and Warren: 

S.B. 785, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING THE INSPECTION AND REGULATION OF LIQUEFIED 
PETROLEUM GASES. 

Referred to Commerce Committee. 

By Senators Albertson, Harris and Weinstein: 

S.B. 786, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
CORRECT A DANGEROUS STATE HIGHWAY CONDITION ADJACENT TO THE 
SAMPSON COMMUNITY COLLEGE CAMPUS THAT IMPERILS PUBLIC SAFETY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Shaw of Cumberland, Allran, Foxx, Lucas and Weinstein: 
S.B. 787, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DEPARTMENT 
OF TRANSPORTATION TO STUDY THE NEED FOR RECONSTRUCTING 
OVERPASSES TO REDUCE OR ELIMINATE THE POSSIBILITY OF THROWING 
OBJECTS FROM THEM. 

Referred to Transportation Committee. 

By Senators Clodfelter, Dannelly, Gulley, Horton and Odom: 

S.B. 788, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE CERTAIN 
PRIVATE NONPROFIT LAND CONSERVATION ORGANIZATIONS TO ACQUIRE 
CERTAIN LANDS WITH FUNDS FROM THE NATURAL HERITAGE TRUST FUND 
UNDER CERTAIN CONDITIONS. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Soles: 

S.B. 789, A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN CHANGES 
TO THE NOTICE TO BE GIVEN UPON THE SALE, LEASE, OR EXCHANGE OF 
THE ASSETS OF A CHARITABLE OR RELIGIOUS NONPROFIT CORPORATION 
UNDER THE NONPROFIT CORPORATION ACT. 

Referred to Judiciary I Committee. 

By Senator Soles: 

S.B. 790, A BILL TO BE ENTITLED AN ACT TO CLARIFY WHICH LENDERS 
MAY CHARGE CERTAIN FEES UNDER THE GENERAL CONTRACT LOAN 
PROVISION OF CHAPTER 24 OF THE GENERAL STATUTES. 

Referred to Commerce Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 

April 7, 1999 



1999] SENATE JOURNAL 283 

disposed of, as follows: 

H.B. 486 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE DIVISION OF MOTOR VEHICLES TO ISSUE PERMANENT 
REGISTRATION PLATES TO TRAILERS OWNED BY CHARITABLE 
ORGANIZATIONS AND USED ONLY IN PARADES AND TO CONSOLIDATE AND 
MODERNIZE THE STATUTES PROVIDING FOR PERMANENT REGISTRATION 
PLATES. 

Referred to Finance Committee. 

H.B. 652 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
MODIFY THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE 
ROANOKE ISLAND HISTORICAL ASSOCIATION. 

Referred to State and Local Government Committee. 

APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read, as follows: 

STATE OF NORTH CAROLINA 

OFFICER OF THE GOVERNOR 

RALEIGH 27603-8001 

JAMES B. HUNT JR. 
GOVERNOR 

April 6, 1999 

The Honorable Dennis Wicker 
President of the Senate 
State Capitol 
Raleigh, North Carolina 27601 

Dear Mr. President: 

Pursuant to General Statute 62-10, 1 hereby appoint Samuel James Ervin, IV to serve 
as a member of the North Carolina Utilities Commission and submit his name for 
confirmation by the North Carolina General Assembly. Mr. Ervin's term will begin July 
1, 1999 and will expire July 1, 2007. 

Enclosed is biographical information on Mr. Ervin. Please feel free to call on him or 
members of my staff if you need additional information. 



My warmest personal regards. 



JBH:mcb 
Enclosures 

cc: The Honorable Marc Basnight 



Sincerely, 

S/ James B. Hunt Jr. 



April 7, 1999 



284 SENATE JOURNAL [Session 

The Honorable Jim Black 
Ms. Janet Pruitt 
Ms. Denise Weeks 

Referred to Commerce Committee. 

CALENDAR 

A bill on today's Calendar is taken up and disposed of, as follows: 

S.B. 690, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
NONPARTISAN ELECTION OF DISTRICT COURT JUDGES. 

With unanimous consent, upon motion of Senator Dalton, the bill is withdrawn from 
today's Calendar and placed on the Calendar for Tuesday, April 13. 

COMMITTEE REFERRAL RECALL 

S.B. 703, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF HAMPSTEAD SUBJECT TO A REFERENDUM, referred to Rules and Operations 
of the Senate Committee on April 1. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

S.B. 314, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF MINERAL SPRINGS, referred to Rules and Operations of the Senate Committee 
on March 1 1 . 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

S.B. 652, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL 
OFFENSE IN DURHAM COUNTY TO FRAUDULENTLY OBTAIN AMBULANCE 
SERVICES, referred to Judiciary I Committee on March 30. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Judiciary I Committee and re-referred to the State and Local Government 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Judiciary I Committee and re-refers the 
measure to the State and Local Government Committee. 

Upon motion of Senator Basnight, seconded by Senator Moore, the Senate adjourns at 
4:48 P.M. to meet tomorrow, Thursday, April 8, at 1 1 :00 A.M. 



April 7, 1999 



1999] SENATE JOURNAL 285 

FORTY-SECOND DAY 

Senate Chamber 
Thursday, April 8, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 



Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 






"Oh Lord, our Lord, we praise You for the power and excellence of Your Name in all 
the earth! 

"We recall that when Moses pleaded with You for some proof of Your divine 
credentials that he could present to the people so that they would listen to him, You told 
him succinctly, 'Tell them, I am that I am sent you.' The Lord God simply is. That is the 
beginning and the end of it. That is all we need to know. 

"And when Jesus wanted to show his ambitious disciples how to be faithful leaders, he 
put a small child in their midst. 'You want to know what greatness looks like,' he asked 
them, 'then look at this little one.' 

"Help us, Oh God, to keep our speech and our actions simple. Today, let our 'yes' be 
'yes' and our 'no' be 'no'. Remind us once again that in Your Kingdom, less can indeed 
be more. In Your excellent Name we pray, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Metcalf and Senator Weinstein. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Wednesday, April 7, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Michael Elliott 
Norins from Greensboro, North Carolina, who is serving the Senate as Doctor of the Day, 
and to Penny Faulkner from Morehead City, North Carolina, who is serving the Senate as 
Nurse of the Day. 

Upon motion of Senator Basnight and Senator Warren, the Chair extends courtesies of 
the gallery to Mayor Grace Bonner of Aurora, North Carolina and her husband Frank 
Bonner. 

Upon motion of Senator Bal lance, the Chair extends courtesies of the gallery to 
members of the North Carolina Association of Community Development Corporations. 

RECOGNITION OF THE ACC/SEC HOOPS CHALLENGE 
BASKETBALL TEAMS 

Upon motion of Senator Basnight, privileges of the floor are extended to the 
ACC/SEC Hoops Challenge Basketball Players who are participating in a basketball game 
to raise funds to support the Special Olympics. The Serjeant-at-Arms is directed to escort 
the guests to the Well of the Senate. The guests and their coaches are received with a 
standing ovation. 

April 8, 1999 



286 SENATE JOURNAL [Session 

The members of the Atlantic Coast Conference Team are as follows: Steven Blake, 
Tony Bobbitt, Joe Forte, Jon Holmes, Nick Horvath, Josh Howard, Will Johnson, Jason 
Parker, Jason Rogers, Travis Walson, David West, and Damien Wilkins. 

The members of the Southeastern Conference Team are as follows: Carl Baker, Matt 
Bonner, Jamison Brewer, Ronald Dupree, Chuck Eidson, Travis Kraft, Nathan Popp, Tony 
Robertson, Ronald Slay, Harris Walker, Kenny Walker, and Ezra Williams. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified for presentation 
to the Governor: 

S.B. 289, AN ACT TO NAME THE NORTH CAROLINA CHILDREN'S VISION 
SCREENING IMPROVEMENT PROGRAM IN HONOR OF KENNETH C. ROYALL, 
JR. 

CHAPTERED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, assigned the 
following Chapter Numbers, and presented to the Office of the Secretary of State: 

H.B. 50, AN ACT TO AUTHORIZE THE CITY OF FAYETTEVILLE TO USE 
PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE OF A TRAFFIC 
VIOLATION. (Became law upon ratification, April 7, 1999 - S.L. 1999-17.) 

H.B. 153, AN ACT TO CHANGE THE FILING PERIOD FOR THE HOKE 
COUNTY BOARD OF EDUCATION. (Became law upon ratification, April 7, 1999 - 
S.L. 1999-18.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Wellons for the Insurance Committee: 

H.B. 165 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REENACT THE 1986 LAW PROVIDING FOR RISK-SHARING PLANS, TO AMEND 
THE IMMUNITY STATUTES FOR THE FAIR AND BEACH PLANS, AND TO 
MAKE A TECHNICAL AMENDMENT IN THE BEACH PLAN LAWS, with an 
unfavorable report as to Committee Substitute bill, but favorable as to Senate Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Senate Committee Substitute bill 4177, which 
changes the title, upon concurrence, to read H.B. 165 (Senate Committee Substitute), A 
BILL TO BE ENTITLED AN ACT TO REENACT THE 1986 LAW PROVIDING FOR 
RISK-SHARING PLANS, TO AMEND THE IMMUNITY STATUTES FOR THE FAIR 
AND BEACH PLANS, TO EXTEND THE BEACH PLAN RATE CAP ON WIND 
POLICIES ISSUED IN THE COASTAL AREA FOR TWO YEARS, AND TO MAKE A 
TECHNICAL AMENDMENT IN THE BEACH PLAN LAWS, is adopted and engrossed. 

April 8, 1999 



1999] SENATE JOURNAL 287 

By Senator Miller for the Judiciary II Committee: 

S.B. 568, A BILL TO BE ENTITLED AN ACT TO PERMIT COUNTY BOARDS 
OF ELECTIONS TO DESIGNATE ADDITIONAL SITES FOR ONE-STOP 
ABSENTEE VOTING, with a favorable report. 

S.B. 398, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
GREENSBORO TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE 
OF A TRAFFIC VIOLATION, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2667, which changes 
the title to read S.B. 398 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AUTHORIZE THE CITIES OF GREENSBORO AND RALEIGH AND THE 
TOWNS OF CHAPEL HILL AND CORNELIUS TO USE PHOTOGRAPHIC IMAGES 
AS PRIMA FACIE EVIDENCE OF A TRAFFIC VIOLATION, is adopted and 
engrossed. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 



By Senator Hoyle: 

S.B. 791, A BILL TO BE ENTITLED AN ACT TO CHANGE THE GENERAL 
DRIVERS LICENSE RENEWAL CYCLE FROM FIVE TO TEN YEARS. 
Referred to Finance Committee. 

By Senators Hoyle and Forrester: 

S.B. 792, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES FOR THE CENTER FOR 
APPLIED TEXTILE TECHNOLOGY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Clodfelter: 

S.B. 793, A BILL TO BE ENTITLED AN ACT AMENDING THE PSYCHOLOGY 
PRACTICE ACT TO INCLUDE WITHIN THE SCOPE OF PRACTICE THE 
DIAGNOSIS AND TREATMENT OF NEUROPSYCHOLOGICAL ASPECTS OF 
PHYSICAL ILLNESS, ACCIDENT, INJURY, OR DISABILITY AND TO DEFINE 
THE TERM NEUROPSYCHOLOGICAL. 

Referred to Health Care Committee. 

By Senators Wellons, Albertson, Gulley, Harris, Jordan, Kerr, Lucas, Martin of Pitt, 
Purcell and Warren: 

S.B. 794, A BILL TO BE ENTITLED AN ACT TO EXEMPT PAYMENTS UNDER 
PHASE I AND PHASE II OF THE TOBACCO SETTLEMENT AGREEMENT FROM 
EXECUTION EXCEPT FOR DEBTS INCURRED FOR FARMING OPERATIONS IN 
CALENDAR YEARS 1999 AND 2000. 

Referred to Judiciary I Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 

April 8, 1999 



288 SENATE JOURNAL [Session 

Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 328 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MAKE 
TECHNICAL CORRECTIONS TO CERTAIN CRIMINAL LAWS AND TO AMEND 
THE CRIMINAL PENALTIES FOR CERTAIN CRIMINAL LAWS AS 
RECOMMENDED BY THE NORTH CAROLINA SENTENCING AND POLICY 
ADVISORY COMMISSION. 

Referred to Judiciary II Committee. 

H.B. 661, A BILL TO BE ENTITLED AN ACT TO AMEND THE JUVENILE 
CODE TO REVISE THE COMMUNITY SERVICE DISPOSITIONAL ALTERNATIVE 
FOR JUVENILE OFFENDERS WHO HAVE BEEN ADJUDICATED DELINQUENT 
FOR LEVEL 2 OFFENSES. 

Referred to Judiciary II Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 44 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ANNEX 
CERTAIN DESCRIBED TERRITORY TO THE TOWN OF LAKE WACCAMAW, 
upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 46, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dal ton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Miller, Moore, Perdue, Phillips, 
Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, Shaw of Guilford, 
Soles, Warren, Webster, and Wellons — 46. 

Voting in the negative: None. 

The Committee Substitute .bill is ordered placed on the Calendar for Monday, April 12, 
upon third reading. 

S.B. 192 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE FILING WITH THE SECRETARY OF STATE OF ALL 
MEMORANDA OF UNDERSTANDING AND AGREEMENTS OF A 
NONCOMMERCIAL NATURE BETWEEN THE STATE OF NORTH CAROLINA 
AND FOREIGN GOVERNMENTS, TO AUTHORIZE THE SECRETARY OF STATE 
TO PROVIDE INTERNATIONAL RELATIONS ASSISTANCE AND TO PUBLISH 
PUBLICATIONS ELECTRONICALLY, AND TO PROVIDE FOR GUBERNATORIAL 
OVERSIGHT OF AGREEMENTS INVOLVING THE STATE AND FOREIGN 
GOVERNMENTS. 

Upon motion of Senator Reeves, the Committee Substitute bill is placed at the end of 
today's Calendar, without objection. 

S.B. 391, A BILL TO BE ENTITLED AN ACT TO PROHIBIT DEER HUNTING IN 
MOORE COUNTY WITHOUT THE WRITTEN PERMISSION OF THE 
LANDOWNER, TO PROHIBIT DEER HUNTING FROM THE RIGHT-OF-WAY OF A 
PUBLIC ROAD IN MOORE COUNTY, AND TO REQUIRE OWNER 
IDENTIFICATION ON DOGS USED TO HUNT DEER IN MOORE COUNTY. 



April 8, 1999 



1999] SENATE JOURNAL 289 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 709, A BILL TO BE ENTITLED AN ACT TO ALLOW MECKLENBURG 
COUNTY TO ACQUIRE PROPERTY FOR USE BY ITS BOARDS OF EDUCATION. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 286 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE CONSTITUTION OF NORTH CAROLINA, IF APPROVED BY THE VOTERS IN 
THE 2000 GENERAL ELECTION, TO AUTHORIZE THE GENERAL ASSEMBLY 
TO ENACT LEGISLATION ALLOWING EACH COUNTY TO (I) INCREASE THE 
AMOUNT OF THE PROPERTY TAX HOMESTEAD EXEMPTION FOR LOW- 
INCOME ELDERLY AND DISABLED INDIVIDUALS IN THAT COUNTY AND (II) 
RAISE THE DEFINITION OF "LOW-INCOME" SO THAT MORE ELDERLY AND 
DISABLED INDIVIDUALS CAN QUALIFY FOR THE EXEMPTION. 

The Committee Substitute bill passes its second reading by a three-fifths majority vote, 
ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Miller, Moore, 
Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, 
Shaw of Guilford, Soles, Warren, and Wellons — 46. 

Voting in the negative: Senator Webster — 1. 

The Committee Substitute bill passes its third reading by a three-fifths majority vote, 
ayes 44, noes 1, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, 
Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, 
Lee, Lucas, Martin of Pitt, Martin of Guilford, Miller, Moore, Perdue, Phillips, Plyler, 
Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Guilford, Soles, Warren, and 
Wellons-^14. 

Voting in the negative: Senator Webster — 1. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 333 (Committee Substitute No. 2), A BILL TO BE ENTITLED AN ACT 
RELATING TO THE MEMBERSHIP OF STATUTORILY CREATED DECISION- 
MAKING OR REGULATORY BOARDS, COMMISSIONS, COUNCILS, AND 
COMMITTEES; PROVIDING INTENT; PROVIDING POLICY WITH RESPECT TO 
THE APPOINTMENT OF MEMBERS TO SUCH BODIES TO ENCOURAGE 
PROPORTIONATE REPRESENTATION OF WOMEN; REQUIRING ANNUAL 
REPORTS; AND REQUIRING RETENTION OF CERTAIN INFORMATION 
REGARDING APPLICANTS. 

Senator Horton offers Amendment No. 1 which is adopted (35-8). 

The Committee Substitute bill No. 2, as amended, passes its second (45-1) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

Having voted in the majority, Senator Rand moves that the vote by which the 
Committee Substitute bill No. 2 passed its third reading be reconsidered. 

Senator Rand further moves that the vote by which the Committee Substitute bill No. 2 
passed its second reading be reconsidered and further moves that the vote by which 
Amendment No. 1 was adopted be reconsidered. 

April 8, 1999 



290 SENATE JOURNAL [Session 

The motion prevails and the question before the Body becomes the adoption of 
Amendment No. 1. 

Amendment No. 1 is adopted (37-10). 

The Committee Substitute bill No. 2, as amended, passes its second (46-1) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 344 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE EXPANDED ACCESS TO SPECIALTY CARE IN MANAGED CARE 
PLANS. 

The President relinquishes the gavel to Senator Basnight, President Pro Tempore, who 
presides. 

The Committee Substitute bill passes its second reading (44-0) and third reading 
(43-0) and is ordered sent to the House of Representatives. 

S.B. 389 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE 1998 CHANGE IN THE LAW GOVERNING THE FILING OF 
FINANCIAL REPORTS BY SMALL TOWN OR COUNTY MUTUALS. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 417, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE USE OF 
LETTERS OF CREDIT FROM A FEDERAL HOME LOAN BANK AS COLLATERAL 
FOR DEPOSITS OF LOCAL GOVERNMENTS AND PUBLIC AUTHORITIES. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 515, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
PAID MEMBERS A RESCUE OR RESCUE/EMS UNIT MAY HAVE TO RECEIVE 
GRANTS. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 622, A BILL TO BE ENTITLED AN ACT TO IMPOSE ADDITIONAL FEES 
AND COSTS AND TO INCREASE EXISTING FEES COLLECTED UNDER THE 
NURSING HOME ADMINISTRATORS BOARD ACT. 

The bill passes its second (44-1) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 735, A BILL TO BE ENTITLED AN ACT TO PROHIBIT MEMBERS OF THE 
GENERAL ASSEMBLY FROM SERVING ON THE BOARD OF TRUSTEES OF A 
COMMUNITY COLLEGE. 

The bill passes its second (46-0) and third readings and is ordered sent to the House of 
Representatives. 

H.B. 56 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ELIMINATE THE USE OF STAMPS TO INDICATE WHETHER THE EXCISE TAX 
ON CONVEYANCES HAS BEEN PAID AND TO MAKE THE PENALTIES THAT 
APPLY TO THIS TAX THE SAME AS FOR OTHER TAXES. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered enrolled and sent to the Governor. 



April 8, 1999 



1 999] SENATE JOURNAL 29 1 

H.B. 216, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT A 
RECOMMENDATION OF THE JOINT LEGISLATIVE EDUCATION OVERSIGHT 
COMMITTEE TO DIRECT THE STATE BOARD OF EDUCATION TO EXTEND ITS 
REVIEW AND EVALUATION OF CHARTER SCHOOLS. 

The bill passes its second (45-1) and third readings and is ordered enrolled and sent to 
the Governor. 

S.B. 192 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE FILING WITH THE SECRETARY OF STATE OF ALL 
MEMORANDA OF UNDERSTANDING AND AGREEMENTS OF A 
NONCOMMERCIAL NATURE BETWEEN THE STATE OF NORTH CAROLINA 
AND FOREIGN GOVERNMENTS, TO AUTHORIZE THE SECRETARY OF STATE 
TO PROVIDE INTERNATIONAL RELATIONS ASSISTANCE AND TO PUBLISH 
PUBLICATIONS ELECTRONICALLY, AND TO PROVIDE FOR GUBERNATORIAL 
OVERSIGHT OF AGREEMENTS INVOLVING THE STATE AND FOREIGN 
GOVERNMENTS. 

Senator Reeves offers Amendment No. 1 which is adopted (46-0). 

The Committee Substitute bill, as amended, passes its second (46-0) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

REPORTS OF COMMITTEES (Continued) 

By Senator Hoyle for the Finance Committee: 

S.B. 691, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF BERMUDA RUN AND TO SIMULTANEOUSLY DISSOLVE THE BERMUDA 
CENTER SANITARY DISTRICT, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4637 is adopted and 
engrossed. 

Upon motion of Senator Ballance, seconded by Senator Lucas, the Senate adjourns at 
12:21 P.M. to meet Monday, April 12, at 7:00 P.M. 



FORTY-THIRD DAY 

Senate Chamber 
Monday, April 12, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Gracious and merciful God, we give thanks for Your diligence in seeking us at every 
moment in our lives. When the earth is bathed in spring sunlight and the trees are 
exploding into bloom, it is not too difficult to believe in Your goodness and to live 
thankfully. 

"But the hardest times are when our minds are filled with anxiety and dread, or when 

April 12, 1999 



292 SENATE JOURNAL [Session 

we are tired out with caring for others, or discouraged in our once gratifying duties which 
have turned into joyless obligations. 

"Direct our gaze this day into the infinite depth of Your blue heavens, and give us the 
wings of Your Spirit, not to escape from all that we must do this day, but to face it with a 
calm mind and a peaceful heart, fully conscious of Your unfailing presence with us. Be 
not far from us this day, for we make our prayer in Your Holy Name, Amen." 

With unanimous consent, the President Pro Tempore grants leaves of absence for 
tonight to Senator Gulley, Senator Moore, Senator Odom, Senator Shaw of Cumberland, 
and Senator Webster. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of Thursday, 
April 8, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore of the Senate extends courtesies of the floor to Dr. 
Stephen Paul Montgomery from Raleigh, North Carolina, who is serving the Senate as 
Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills duly ratified for presentation to the 
Governor: 

S.B. 27, AN ACT TO REPEAL THE PROHIBITION AGAINST THE 
DEPARTMENT OF TRANSPORTATION USING BERMUDA GRASS ALONG 
CERTAIN ROADS. 

H.B. 56, AN ACT TO ELIMINATE THE USE OF STAMPS TO INDICATE 
WHETHER THE EXCISE TAX ON CONVEYANCES HAS BEEN PAID AND TO 
MAKE THE PENALTIES THAT APPLY TO THIS TAX THE SAME AS FOR OTHER 
TAXES. 

H.B. 216, AN ACT TO IMPLEMENT A RECOMMENDATION OF THE JOINT 
LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO DIRECT THE STATE 
BOARD OF EDUCATION TO EXTEND ITS REVIEW AND EVALUATION OF 
CHARTER SCHOOLS. 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled, and 
presented to the Office of the Secretary of State: 

S.B. 270, AN ACT TO AUTHORIZE THE TOWN OF HUNTERSVILLE TO 
PROVIDE FOR VOLUNTARY ANNEXATION OF PROPERTY SUBJECT TO 
PRESENT-USE VALUE APPRAISAL. 

CALENDAR 

Bills on tonight's Calendar are taken up and disposed of, as follows: 

S.B. 44 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ANNEX 
CERTAIN DESCRIBED TERRITORY TO THE TOWN OF LAKE WACCAMAW, 
upon third reading. 

April 12, 1999 



1999] SENATE JOURNAL 293 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, 
Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Perdue, Phillips, 
Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Guilford, Soles, Warren, 
Weinstein, and Wellons — 45. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 691 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCORPORATE THE TOWN OF BERMUDA RUN AND TO SIMULTANEOUSLY 
DISSOLVE THE BERMUDA CENTER SANITARY DISTRICT, upon second reading. 

The Committee Substitute bill passes its second reading roll-call vote by a three-fifths 
majority, ayes 40, noes 4, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, Carpenter, 
Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, 
Garrou, Garwood, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Lee, Lucas, 
Martin of Pitt, Martin of Guilford, Metcalf, Miller, Perdue, Phillips, Plyler, Purcell, Rand, 
Robinson, Rucho, Shaw of Guilford, Warren, and Weinstein — 40. 

Voting in the negative: Senators Ballance, Kinnaird, Reeves, and Wellons — 4. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Tuesday, April 13, upon third reading. 

S.B. 398 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE CITIES OF GREENSBORO AND RALEIGH AND THE TOWNS 
OF CHAPEL HILL AND CORNELIUS TO USE PHOTOGRAPHIC IMAGES AS 
PRIMA FACIE EVIDENCE OF A TRAFFIC VIOLATION. 

The Committee Substitute bill passes its second (43-2) and third readings and is 
ordered sent to the House of Representatives. 

COURTESIES 

Upon motion of Senator Soles, the President Pro Tempore extends privileges of the floor 
to the Whiteville High School Basketball Team which recently won the State 2-A Basketball 
Conference Championship. The following members and coaches are recognized: Jason 
McNair, Isaac Norris, Jameika Bellamy, Norris Scott, Jason Marriner, Michael Pierce, 
Daniel Traylor, Mike Fiebernitz, Eric Black, Antonio McCullom, Gregory Robinson, 
Michael Pittman, Albert Ganus, Anwaar Smith, Chris Wilcox, Bernard Godfrey, Coach 
Glenn McRoy, Assistant Coaches Phillip Penny, Brian McCleney, and Michael Slater. 

Senator Basnight, President Pro Tempore, relinquishes the gavel to Senator Ballance, 
Deputy President Pro Tempore, who presides in the absence of the Lieutenant Governor. 

Upon the appearance of Senator Gulley in the Chamber, the Chair acknowledges his 
presence and the leave of absence granted previously is withdrawn. 

CALENDAR (Continued) 

S.B. 568, A BILL TO BE ENTITLED AN ACT TO PERMIT COUNTY BOARDS 
OF ELECTIONS TO DESIGNATE ADDITIONAL SITES FOR ONE-STOP 
ABSENTEE VOTING. 



April 12, 1999 



294 SENATE JOURNAL [Session 

Senator Kerr announces a pair. If Senator Webster were present he would vote "no"; 
Senator Kerr votes "aye". 

The bill passes its second reading (34-1 1). 

Senator Rucho objects to third reading of the measure. Pursuant to Rule 50, the 
Deputy President Pro Tempore orders the measure placed on the Calendar for tomorrow, 
Tuesday, April 13. 

H.B. 165 (Senate Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REENACT THE 1986 LAW PROVIDING FOR RISK-SHARING PLANS, TO AMEND 
THE IMMUNITY STATUTES FOR THE FAIR AND BEACH PLANS, TO EXTEND 
THE BEACH PLAN RATE CAP ON WIND POLICIES ISSUED IN THE COASTAL 
AREA FOR TWO YEARS, AND TO MAKE A TECHNICAL AMENDMENT IN THE 
BEACH PLAN LAWS. 

The Senate Committee Substitute bill passes its second (45-1) and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 578, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A CONFERENCE 
OF CLERKS OF SUPERIOR COURT, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill A607 is adopted and 
engrossed. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the 
Appropriations/Base Budget Committee. 

S.B. 595, A BILL TO BE ENTITLED AN ACT TO MODIFY THE LAW 
CREATING THE NORTHEASTERN REGIONAL DEVELOPMENT COMMISSION, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3714, which changes 
the title to read S.B. 595 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO MODIFY THE LAW CREATING THE NORTHEASTERN REGIONAL 
ECONOMIC DEVELOPMENT COMMISSION, is adopted and engrossed. 

By Senator Cooper for the Judiciary I Committee: 

S.B. 563, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE LOCAL 
GOVERNMENTS TO USE PHOTOGRAPHIC SPEED-MEASURING SYSTEMS TO 
ESTABLISH SCHOOL ZONE SPEED LIMIT VIOLATIONS AND TO AUTHORIZE 
THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING 
STANDARDS COMMISSION AND THE SECRETARY OF CRIME CONTROL AND 
PUBLIC SAFETY TO APPROVE STANDARDS FOR THE PHOTOGRAPHIC SPEED- 
MEASURING SYSTEMS, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1671 is adopted and 
engrossed. 

April 12, 1999 



1999] SENATE JOURNAL 295 

COMMITTEE REFERRAL RECALL 

S.B. 288, A BILL TO BE ENTITLED AN ACT TO EXTEND NORTH 
CAROLINA'S "LONG ARM JURISDICTION" STATUTE TO INCLUDE SENDERS 
OF UNSOLICITED ELECTRONIC BULK MAIL AND TO MAKE THE SENDING OF 
UNSOLICITED ELECTRONIC BULK MAIL UNLAWFUL IN THIS STATE, referred 
to the Judiciary I Committee on March 8. 

Pursuant to Rule 47(a), Senator Cooper offers a motion that the bill be withdrawn from 
the Judiciary I Committee and re-referred to the Information and Technology 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Judiciary I Committee and re-refers the 
measure to the Information and Technology Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 76 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THE DIVISION OF CRIMINAL STATISTICS TO COLLECT AND 
MAINTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT, for concurrence in the 
House Committee Substitute bill, which is placed on the Calendar for tomorrow, Tuesday, 
April 13. 

S.B. 269 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE TOWN OF HUNTERSVILLE TO MAKE ADDITIONAL 
VOLUNTARY SATELLITE ANNEXATIONS IF CERTAIN CRITERIA ARE MET, for 
concurrence in the House Committee Substitute bill, which is placed on the Calendar for 
tomorrow, Tuesday, April 13. 

H.B. 219, A BILL TO BE ENTITLED AN ACT TO AMEND CHAPTERS 54B AND 
54C OF THE GENERAL STATUTES TO MAKE TECHNICAL CHANGES TO THE 
LAW GOVERNING STATE-CHARTERED SAVINGS AND LOAN ASSOCIATIONS 
AND SAVINGS BANKS AND TO INCREASE THE PERMITTED PERCENTAGE OF 
COMMERCIAL LOANS. 

Referred to Commerce Committee. 

H.B. 262, A BILL TO BE ENTITLED AN ACT TO AMEND THE GENERAL 
STATUTES PERTAINING TO CUSTODY OF ABUSED, NEGLECTED, OR 
DEPENDENT JUVENILES IN THE CUSTODY OR AUTHORITY OF THE COUNTY 
DEPARTMENTS OF SOCIAL SERVICES. 

Referred to Children & Human Resources Committee. 

H.B. 290, A BILL TO BE ENTITLED AN ACT TO AMEND THE CRIME 
VICTIMS' COMPENSATION ACT BY INCREASING THE MEMBERSHIP OF THE 
CRIME VICTIMS' COMPENSATION COMMISSION, BY INCREASING THE SIZE 
OF INITIAL CLAIMS THAT MAY BE AWARDED BY THE DIRECTOR OF THE 
COMMISSION, AND BY PROVIDING THE COMMISSION WITH THE 
DISCRETION TO PAY CERTAIN CLAIMS PREVIOUSLY DENIED. 

Referred to Judiciary II Committee. 

April 12, 1999 



296 SENATE JOURNAL [Session 

H.B. 570, A BILL TO BE ENTITLED AN ACT TO REMOVE THE TOWN OF 
CAROLINA SHORES FROM THE 201 PLANNING AREA IN BRUNSWICK 
COUNTY. 

Referred to State and Local Government Committee. 

H.B. 649, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A NO- WAKE 
SPEED ZONE IN HOLDEN BEACH. 

Referred to State and Local Government Committee. 

H.B. 660, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEFINITION 
OF COLLECTION AGENCY SO THAT THE IV-D CHILD ENFORCEMENT 
PROGRAM IS REGULATED BY THE DEPARTMENT OF HEALTH AND HUMAN 
SERVICES. 

Referred to Judiciary II Committee. 

H.B. 728, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE CITY OF 
GREENVILLE TO REQUIRE FIRE ALARM SYSTEMS IN FRATERNITY AND 
SORORITY HOUSES WITHIN THE CITY AND THE CITY'S EXTRATERRITORIAL 
PLANNING JURISDICTION. 

Referred to State and Local Government Committee. 

RESOLUTIONS FROM OTHER STATES 

The following resolutions received from other Legislative Bodies are presented to the 
Senate and are ordered placed on file in the Office of the Principal Clerk: 

Commonwealth of Virginia Senate Joint Resolution No. 487, Memorializing the 
Congress of the United States to either enact meaningful patient protections at the federal 
level with respect to employer self-funded plans or-, in the absence of such federal action, 
amend the Employment Retirement Income Security Act (ERISA) of 1974 to grant 
authority to all individual states to monitor and regulate self-funded, employer-based 
health plans. (See Appendix.) 

State of Maine House of Representatives Joint Resolution No. 1373, Memorializing 
the President of the United States and the Congress of the United States to ratify the 
United Nations Convention on the Rights of the Child. (See Appendix.) 

EXECUTIVE ORDERS 

Executive Orders received in the Office of the Senate Principal Clerk are presented to 
the Senate and read as follows: 

Executive Order Number 146, North Carolina Interagency Council for Coordinating 
Homeless Programs. 

Executive Order Number 147, Governor's Task Force for Healthy Carolinians. 

SENATE PAGES 

The Deputy President Pro Tempore recognizes the following pages serving in the 
Senate this week: 

April 12, 1999 



1999] SENATE JOURNAL 297 

A'ishah Abdullah, Chocowinity; Patricia Foust Ball, Lenoir; Catherine Best, Benson; 
John Arthur Core, Stanley; Lavetta Crawford, Chocowinity; Patrick Michael Creech, Pink 
Hill; Eric Dail, Goldsboro; Jeremy Dail, Goldsboro; Charity Elizabeth Daniel, Fremont; 
Erica Fountain, Hatteras; Ashley Marie Hare, Kinston; Rachel E. Hunt, Goldsboro; 
Rebecca Lynne Lee, Goldsboro; Sean Macha, Goldsboro; Virginia Macha, Goldsboro; 
Lynnea Mary McElreath, Southern Pines; Christopher G. Michalec, Goldsboro; Jennalee 
Russell, Candler; and Kristin Throne, Avon. 

Upon motion of Senator Basnight, seconded by Senator Lee, the Senate adjourns 
subject to introduction of bills to meet tomorrow, Tuesday, April 13, at 2:00 P.M. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Dalton and Lee: 

S.J.R. 795, A JOINT RESOLUTION SETTING THE DATE FOR THE HOUSE OF 
REPRESENTATIVES AND SENATE TO ELECT MEMBERS TO THE STATE 
BOARD OF COMMUNITY COLLEGES. 

Referred to Education/Higher Education Committee. 

By Senator Hoyle: 

S.B. 796, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE STATE 
LICENSING BOARD FOR GENERAL CONTRACTORS TO OWN REAL PROPERTY 
AND TO PURCHASE EQUIPMENT AND LIABILITY INSURANCE. 

Referred to Commerce Committee. 

By Senator Kerr: 

S.B. 797, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW RELATING 
TO GOVERNMENT FINANCE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kerr: 

S.B. 798, A BILL TO BE ENTITLED AN ACT TO AMEND THE TAX LAWS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kerr: 

S.B. 799, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FEES 
COLLECTED BY THE NORTH CAROLINA BOARD OF PHYSICAL THERAPY 
EXAMINERS. 

Referred to Finance Committee. 

By Senators Rand, Clodfelter and Cooper: 

S.B. 800, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE NORTH 
CAROLINA COURT OF APPEALS TO CONDUCT EN BANC PROCEEDINGS. 
Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 801, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
DATA COLLECTION, RESTORATION EFFORTS, RESEARCH, AND PUBLIC 

April 12, 1999 



298 SENATE JOURNAL [Session 

EDUCATION REGARDING THE CAPE FEAR RIVER BASIN. 
Referred to Appropriations/Base Budget Committee. 

By Senators Plyler and Purcell: 

S.B. 802, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF THE J. C. RAULSTON ARBORETUM EDUCATION 
CENTER ON THE NORTH CAROLINA STATE UNIVERSITY CAMPUS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 803, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE A+ SCHOOLS PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 804, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT WORLD VIEW, AN INTERNATIONAL PROGRAM FOR EDUCATORS, 
IN THE UNIVERSITY CENTER FOR INTERNATIONAL STUDIES AT THE 
UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 805, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
STAFF DEVELOPMENT FOR THE PUBLIC SCHOOLS. 
Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 806, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE K-12 INTERNATIONAL OUTREACH PROGRAM IN THE 
UNIVERSITY CENTER FOR INTERNATIONAL STUDIES AT THE UNIVERSITY 
OF NORTH CAROLINA AT CHAPEL HILL. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 807, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
CAROLINA BALLET, INC., A PROFESSIONAL BALLET. 
Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 808, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
DIGITAL SIGNATURE PILOT PROJECT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Reeves, Clodfelter and Lucas: 

S.B. 809, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
INCREASE AND SUSTAIN THE CAPACITY OF NONPROFIT HOUSING 
ORGANIZATIONS TO PROVIDE AFFORDABLE HOMES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Reeves and Lee: 

S.B. 810, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE UNIVERSITY OF NORTH CAROLINA FOR THE LOCAL GOVERNMENT 

April 12, 1999 



1999] SENATE JOURNAL 299 

INFORMATION TECHNOLOGY PROGRAM AT THE INSTITUTE OF 
GOVERNMENT. 

Referred to Appropriations/Base Budget Committee. 

By Senators Reeves and Clodfelter: 

S.B. 811, A BILL TO BE ENTITLED AN ACT TO PERMIT AN ALTERNATIVE 
COMPUTATION OF THE STATE TAX CREDIT FOR RESEARCH AND 
DEVELOPMENT. 

Referred to Finance Committee. 

By Senators Reeves and Miller: 

S.B. 812, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT A FOOD OR 
RETAIL BUSINESS THAT HOLDS AN ABC PERMIT AND IS LOCATED IN AN 
URBAN REDEVELOPMENT AREA SHALL NOT HAVE ALCOHOLIC BEVERAGE 
SALES IN EXCESS OF FIFTY PERCENT OF THE BUSINESS'S TOTAL ANNUAL 
SALES. 

Referred to Judiciary II Committee. 

By Senators Lucas, Ballance, Carrington, Cooper, Dalton, Dannelly, Gulley, Jordan, 
Kinnaird, Lee, Martin of Guilford, Miller, Perdue, Reeves, Shaw of Cumberland, Soles, 
Warren and Wellons: 

S.B. 813, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A STATE STUDY 
TO DETERMINE WHETHER THERE EXISTS AN OVERREPRESENTATION OF 
MINORITY YOUTH IN NORTH CAROLINA TRAINING SCHOOLS AND TO 
CONSIDER STATEWIDE DISPOSITIONAL ALTERNATIVES AND TO 
APPROPRIATE FUNDS FOR THIS PURPOSE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Gulley, Ballance, Dannelly, Kinnaird, Lucas, Martin of Guilford, Miller, 
Reeves and Shaw of Cumberland: 

S.B. 814, A BILL TO BE ENTITLED AN ACT TO HONOR THE MEMORY OF 
MATTHEW SHEPARD BY EXPANDING THE SCOPE OF THE HATE CRIME LAWS 
AND INCREASING THE CRIMINAL PENALTY FOR COMMITTING A HATE 
CRIME. 

Referred to Judiciary II Committee. 

By Senators Kinnaird, Garrou, Lucas, Phillips and Purcell: 

S.B. 815, A BILL TO BE ENTITLED AN ACT TO DIRECT THE NORTH 
CAROLINA STUDY COMMISSION ON AGING TO STUDY RESPITE CARE 
SERVICES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird, Ballance, Gulley and Lucas: 

S.B. 816, A BILL TO BE ENTITLED AN ACT TO PROTECT PRIVACY BY 
REPEALING THE ANTIQUATED LAW THAT MAKES IT A CRIMINAL OFFENSE 
FOR CERTAIN PEOPLE TO COHABIT. 

Referred to Judiciary II Committee. 

By Senator Ballance: 

S.B. 817, A BILL TO BE ENTITLED AN ACT TO PROVIDE AN EXCEPTION TO 
THE LATE LISTING PENALTY FOR CERTAIN REAL PROPERTY IN COUNTIES 

April 12, 1999 



300 SENATE JOURNAL [Session 

THAT HAVE NOT ADOPTED PERMANENT LISTING AND TO PHASE IN 
PERMANENT LISTING IN ALL COUNTIES. 
Referred to Finance Committee. 

By Senators Hartsell, Clodfelter, Cochrane and Lucas: 

S.B. 818, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE PREPAID 
POSTSECONDARY EDUCATION EXPENSE PROGRAM, THE PREPAID 
POSTSECONDARY EDUCATION EXPENSE TRUST FUND, THE NORTH 
CAROLINA PREPAID POSTSECONDARY EDUCATION EXPENSE BOARD, AND 
THE NORTH CAROLINA PREPAID TUITION SCHOLARSHIP PROGRAM. 

Referred to Education/Higher Education Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senators Cochrane, Allran, Ballantine, Carpenter, Carrington, East, Forrester, 
Foxx, Garwood, Gulley, Hartsell, Horton, Kerr, Martin of Pitt, Moore, Phillips, Purcell, 
Rucho, Webster and Wellons: 

S.J.R. 819, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
WILMER DAVID "VINEGAR BEND" MIZELL, FORMER NORTH CAROLINA 
CONGRESSMAN. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 820, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW OF NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 821, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW OF NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 822, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW OF NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Cumberland: 

S.B. 823, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
AMENDMENT OF THE GENERAL LAWS OF NORTH CAROLINA. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Cumberland: 

S.B. 824, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
AMENDMENT OF THE GENERAL LAWS OF NORTH CAROLINA. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Shaw of Cumberland: 

S.B. 825, A BILL TO BE ENTITLED AN ACT TO TRANSFER CERTAIN FUNDS 
APPROPRIATED FOR THE 1998-99 FISCAL YEAR FROM THE DEPARTMENT OF 
COMMERCE TO THE HOUSING FINANCE AGENCY FOR THE HOUSING TRUST 
FUND. 

Referred to Appropriations/Base Budget Committee. 

April 12, 1999 



1 999] SENATE JOURNAL 301 

By Senators Lee, Kinnaird and Rand: 

S.B. 826, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE HORACE 
WILLIAMS CAMPUS TRUST FUND, TO AUTHORIZE THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA TO ISSUE REVENUE 
BONDS FOR THE DEVELOPMENT OF THE HORACE WILLIAMS CAMPUS, TO 
EXEMPT THE HORACE WILLIAMS CAMPUS FROM THE UMSTEAD ACT, AND 
TO MAKE VARIOUS CONFORMING CHANGES. 

Referred to Education/Higher Education Committee and upon a favorable report, 
re-referred to the Finance Committee. 

By Senator Lee: 

S.B. 827, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES TO SUPPORT THE NORTH 
CAROLINA INDUSTRIES FOR TECHNICAL EDUCATION. 

Referred to Appropriations/Base Budget Committee. 

By Senators Kinnaird and Lee: 

S.B. 828, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE COST 
AND EXPENSES OF TRANSPORTING A RESPONDENT IN AN INVOLUNTARY 
COMMITMENT PROCEEDING MAY BE RECOVERED FROM THE 
RESPONDENT'S COUNTY OF RESIDENCE. 

Referred to Finance Committee. 

By Senators Jordan, Gulley and Kinnaird: 

S.B. 829, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE ERECTION OF 
OUTDOOR ADVERTISING ON A PORTION OF INTERSTATE HIGHWAY 40. 
Referred to Transportation Committee. 

By Senators Miller, Ballance, Lucas and Reeves: 

S.B. 830, A BILL TO BE ENTITLED AN ACT TO REGULATE AUTO REPAIRS. 

Referred to Commerce Committee. 

By Senators Purcell, Forrester and Reeves: 

S.B. 831, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
IMPROVE THE UNIVERSAL CHILDHOOD VACCINE DISTRIBUTION PROGRAM. 
Referred to Appropriations/Base Budget Committee. 

By Senators Purcell, Hartsell and Kerr: 

S.B. 832, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT A HOME AND COMMUNITY-BASED MEDICAID WAIVER FOR 
INDIVIDUALS WITH TRAUMATIC BRAIN INJURY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Purcell, Hartsell, Kerr and Reeves: 

S.B. 833, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
DHHS STUDY AND ANALYSIS OF THE COSTS OF TREATING AND CARING 
FOR PERSONS WITH TRAUMATIC BRAIN INJURY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Purcell, Albertson, Allran, Ballantine, Clodfelter, Cooper, Dannelly, 
Forrester, Garrou, Gulley, Hagan, Lee, Lucas, Martin of Guilford, Metcalf, Perdue, 

April 12, 1999 



302 SENATE JOURNAL [Session 

Phillips, Rand, Reeves and Warren: 

S.B. 834, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
BIRTH DEFECT MONITORING PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Clodfelter: 

S.B. 835, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
GOVERNING MERGERS, CONSOLIDATIONS, AND CONVERSIONS AMONG 
BUSINESS CORPORATIONS, NONPROFIT CORPORATIONS, AND 
UNINCORPORATED ENTITIES, INCLUDING LIMITED LIABILITY COMPANIES 
AND PARTNERSHIPS, FOR THE PURPOSE OF CONFORMING THE LAWS WITH 
THOSE OF OTHER STATES AND MODERN BUSINESS PRACTICES. 

Referred to Judiciary I Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 8:08 P.M. 



FORTY-FOURTH DAY 

Senate Chamber 
Tuesday, April 13, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"God of strength and goodness, You hold onto us with fierce affection, in spite of our 
desire to keep You at arms length. It is so difficult to stay safely in Your embrace when 
we are so prone to be tempted. And how incessantly temptation pursues us. How subtle, 
tender and seductive it is. 

"You know how temptation has a way of following and engulfing us. We may leave it 
behind in the conference room only to find it waiting for us in the office. We may rebuke 
it in a telephone conversation only to read it hidden between the lines in the morning 
papers. How is it that temptation settles so comfortably into the crevices of our memories 
and the beating of our hearts? 

"Lord, we have no strength to resist the lure of temptation on our own. Only You can 
save us from the destruction of this spiritual hurricane. Help us to surrender our will fully 
to Your control. Take our hands tenderly as if we were children and guide us in Your 
paths of righteousness. We pray in Your Holy Name, Amen." 

With unanimous consent, the President grants a leave of absence for today to Senator 
Odom. 

Senator Ballance, Deputy President Pro Tempore, announces the Journal of yesterday, 
Monday, April 12, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Michael Alvin 
McCall from Marion, North Carolina, who is serving the Senate as Doctor of the Day, and 

April 13, 1999 



1999] SENATE JOURNAL 303 

to Janice Garner from Clayton, North Carolina, who is serving the Senate as Nurse of the 
Day. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 426, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
HIGH POINT TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE EVIDENCE OF 
A TRAFFIC VIOLATION. 

Referred to State and Local Government Committee. 

H.B. 514, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE TOWN OF 
HUNTERSVILLE TO USE PHOTOGRAPHIC IMAGES AS PRIMA FACIE 
EVIDENCE OF A TRAFFIC VIOLATION. 

Referred to State and Local Government Committee. 

H.B. 604, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE 
CIRCUMSTANCES UNDER WHICH AN ATTORNEY-IN-FACT MAY MAKE GIFTS. 
Referred to Judiciary II Committee. 

H.B. 638 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE OWNERS OF CERTAIN INNOVATIVE SEPTIC SYSTEMS IN 
THE COUNTIES OF CAMDEN, CHOWAN, CURRITUCK, GATES, HERTFORD, 
PASQUOTANK, PERQUIMANS, TYRRELL, AND WASHINGTON TO TRANSFER 
THE OWNERSHIP OF THE SYSTEMS TO ONE OR MORE UNITS OF LOCAL 
GOVERNMENT. 

Referred to Agriculture/Environment/Natural Resources Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 691 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCORPORATE THE TOWN OF BERMUDA RUN AND TO SIMULTANEOUSLY 
DISSOLVE THE BERMUDA CENTER SANITARY DISTRICT, upon third reading. 

The Committee Substitute bill passes its third reading roll-call vote by a three-fifths 
majority, ayes 42, noes 5, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballantine, Basnight, Carpenter, 
Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, 
Garrou, Garwood, Gulley, Harris, Hartsell, Horton, Hoyle, Jordan, Lee, Lucas, 
Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Perdue, Phillips, Plyler, Rand, 
Reeves, Rucho, Shaw of Guilford, Soles, Warren, Webster, Weinstein, and Wellons — 42. 

Voting in the negative: Senators Ballance, Hagan, Kinnaird, Purcell, and 
Robinson — 5. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

Upon motion of Senator Albertson, the President extends the courtesies of the gallery 
to the Farm Bureau County Leaders from the Foothills and Western Districts of North 
Carolina. 



April 13, 1999 



304 SENATE JOURNAL [Session 

S.B. 271 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ANNEX 
TO THE EXISTING CITY LIMITS OF THE TOWN OF HUNTERSVILLE CERTAIN 
AREAS SURROUNDED BY EXISTING CITY LIMITS OF THE TOWN OF 
HUNTERSVILLE, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 4, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, Carpenter, 
Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, 
Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kinnaird, Lee, 
Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, Perdue, Phillips, Plyler, 
Purcell, Rand, Reeves, Robinson, Shaw of Guilford, Soles, Warren, Weinstein, and 
Wellons— 43. 

Voting in the negative: Senators Ballantine, Foxx, Rucho, and Webster — 4. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Wednesday, April 14, upon third reading. 

S.B. 269 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE TOWN OF HUNTERSVILLE TO MAKE ADDITIONAL 
VOLUNTARY SATELLITE ANNEXATIONS IF CERTAIN CRITERIA ARE MET, for 
concurrence in the House Committee Substitute bill, upon second reading. 

The Senate concurs in the House Committee Substitute bill on its second reading by 
roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, Moore, 
Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Cumberland, 
Shaw of Guilford, Soles, Warren, Webster, Weinstein, and Wellons — 48. 

Voting in the negative: None. 

The House Committee Substitute bill remains on the Calendar for tomorrow, 
Wednesday, April 14, upon third reading. 

S.B. 563 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE LOCAL GOVERNMENTS TO USE PHOTOGRAPHIC SPEED- 
MEASURING SYSTEMS TO ESTABLISH SCHOOL ZONE SPEED LIMIT 
VIOLATIONS AND TO AUTHORIZE THE NORTH CAROLINA CRIMINAL 
JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION AND THE 
SECRETARY OF CRIME CONTROL AND PUBLIC SAFETY TO APPROVE 
STANDARDS FOR THE PHOTOGRAPHIC SPEED-MEASURING SYSTEMS. 

The Committee Substitute bill passes its second (45-4) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 568, A BILL TO BE ENTITLED AN ACT TO PERMIT COUNTY BOARDS 
OF ELECTIONS TO DESIGNATE ADDITIONAL SITES FOR ONE-STOP 
ABSENTEE VOTING. 

With unanimous consent, upon motion of Senator Kinnaird, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Wednesday, April 21. 

S.B. 595 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MODIFY 
THE LAW CREATING THE NORTHEASTERN REGIONAL ECONOMIC 
DEVELOPMENT COMMISSION. 

The Committee Substitute bill passes its second (49-0) and third readings and is 

April 13, 1999 



1999] SENATE JOURNAL 305 

ordered sent to the House of Representatives. 

S.B. 690, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
NONPARTISAN ELECTION OF DISTRICT COURT JUDGES. 

Senator Foxx offers Amendment No. 1 which fails of adoption (1 1-38). 

The bill passes its second (38-1 1) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 76 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE THE DIVISION OF CRIMINAL STATISTICS TO COLLECT AND 
MAINTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT, for concurrence in the 
House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (43-6) and the measure is 
ordered enrolled and sent to the Governor by special message. 

COMMITTEE REFERRAL RECALL 

S.B. 514, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
DEVELOPMENT OF AN EFFECTIVE AND EFFICIENT MEANS TO PROMOTE 
HEALTH INSURANCE COVERAGE FOR UNINSURED CHILDREN IN 
MODERATE-INCOME FAMILIES, referred to the Rules and Operations of the Senate 
Committee on March 25. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

S.J.R. 416, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
SAMUEL ASHE FOR WHOM ASHE COUNTY IS NAMED UPON THE COUNTY'S 
BICENTENNIAL CELEBRATION, referred to Rules and Operations of the Senate 
Committee on March 18. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the joint resolution be 
withdrawn from the Rules and Operations of the Senate Committee and placed on the 
Calendar for Wednesday, April 14. 

The Chair orders the joint resolution withdrawn from the Rules and Operations of 
the Senate Committee and places it on the Calendar for Wednesday, April 14. 

Upon motion of Senator Ballance, seconded by Senator Gulley, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Wednesday, April 14, at 4:00 P.M. 

INTRODUCTION OF BILLS 

Bills filed for introduction are presented to the Senate, read the first time, and disposed 
of, as follows: 

By Senators Martin of Pitt, Ballance, Carpenter, Cooper, Dannelly, Forrester, Jordan, 
Kinnaird, Lee, Lucas, Martin of Guilford, Purcell, Warren and Wellons: 

S.B. 836, A BILL TO BE ENTITLED AN ACT TO REQUIRE PARITY IN HEALTH 
INSURANCE COVERAGE FOR MENTAL ILLNESS AND CHEMICAL 
DEPENDENCY TREATMENT. 

Referred to Insurance Committee. 



April 13, 1999 



306 SENATE JOURNAL [Session 

By Senator Allran: 

S.B. 837, A BILL TO BE ENTITLED AN ACT TO IMPROVE AND MODERNIZE 
THE TORRENS LAND TITLE REGISTRATION PROCEDURES OF THE STATE. 
Referred to Judiciary I Committee. 

By Senator Wellons: 

S.B. 838, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR 
COMPENSATION TO PERSONS ERRONEOUSLY CONVICTED OF CRIMINAL 
OFFENSES IN CASES IN WHICH THE CONVICTION WAS VACATED OR 
OTHERWISE SET ASIDE. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Wellons: 

S.B. 839, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
COMMISSIONER OF INSURANCE TO REQUIRE INTERIM CLAIMS PAYMENTS 
TO PROVIDERS IN THE EVENT CLAIMS CANNOT BE TIMELY PROCESSED DUE 
TO YEAR 2000 COMPUTER PROBLEMS. 

Referred to Insurance Committee. 

By Senator Wellons: 

S.B. 840, A BILL TO BE ENTITLED AN ACT TO ENACT THE 
COMPREHENSIVE COMMUNITY COLLEGE IMPROVEMENT ACT OF 1999. 
Referred to Appropriations/Base Budget Committee. 

By Senators Wellons and Martin of Pitt: 

S.B. 841, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH AND SUPPORT FIVE POSITIONS FOR THE COOPERATIVE 
EXTENSION SERVICE OF NORTH CAROLINA STATE UNIVERSITY, WHICH 
POSITIONS SHALL COMPRISE THE TAR-PAMLICO EXTENSION 
ENVIRONMENTAL EDUCATION TEAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Wellons, Dalton and Garrou: 

S.B. 842, A BILL TO BE ENTITLED AN ACT TO EXTEND THE TIME 
LIMITATION ON FILING A PETITION IN CONTESTED CASES WHEN THE 
SUBJECT MATTER OF THE HEARING IS PROGRAMS AND SERVICES FOR 
CHILDREN WITH SPECIAL NEEDS. 

Referred to Judiciary I Committee. 

By Senators Weinstein, Carpenter, Dalton, Garwood, Harris, Phillips, Purcell, Soles 
and Wellons: 

S.B. 843, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA BOARD OF NURSING TO INCREASE THE ANNUAL FEE CHARGED 
NURSES AIDES II. 

Referred to Finance Committee. 

By Senator Allran: 

S.B. 844, A BILL TO BE ENTITLED AN ACT TO ALLOW CHARTER SCHOOLS 
TO OBTAIN THE SAME PERMANENT LICENSE PLATES AS PUBLIC SCHOOLS. 

Referred to Transportation Committee and upon a favorable report, re-referred to the 
Finance Committee. 



April 13, 1999 



1999] SENATE JOURNAL 307 

By Senators Lee and Purcell: 

S.B. 845, A BILL TO BE ENTITLED AN ACT TO CREATE A HEALTHY 
SCHOOL ENVIRONMENT IN OUR PUBLIC SCHOOLS BY HIRING ONE 
HUNDRED FIFTY SCHOOL NURSES PER YEAR TO REACH A RATIO OF ONE 
SCHOOL NURSE FOR EVERY SEVEN HUNDRED FIFTY STUDENTS BY THE 
YEAR 2010. 

Referred to Appropriations/Base Budget Committee. 

By Senators Lee and Kinnaird: 

S.B. 846, A BILL TO BE ENTITLED AN ACT REGARDING PROPERTY 
MATTERS OF THE UNIVERSITY OF NORTH CAROLINA. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Lee and Kinnaird: 

S.B. 847, A BILL TO BE ENTITLED AN ACT REGARDING THE UNIVERSITY 
OF NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Lee and Kinnaird: 

S.B. 848, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE DEVELOPMENT 
PROJECTS FOR THE UNIVERSITY OF NORTH CAROLINA. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Lee and Kinnaird: 

S.B. 849, A BILL TO BE ENTITLED AN ACT REGARDING THE FINANCING 
OF CAPITAL IMPROVEMENTS FOR CONSTITUENT INSTITUTIONS OF THE 
UNIVERSITY OF NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Lee and Kinnaird: 

S.B. 850, A BILL TO BE ENTITLED AN ACT REGARDING 
NONAPPROPRIATED CAPITAL PROJECTS FOR THE UNIVERSITY OF NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Jordan and Ballantine: 

S.B. 851, A BILL TO BE ENTITLED AN ACT TO DIVIDE SUPERIOR COURT 
DISTRICT 5 INTO A SET OF DISTRICTS. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senators Jordan and Ballance: 

S.B. 852, A BILL TO BE ENTITLED AN ACT TO MAKE DEFENDANTS WHO 
ARE ELIGIBLE FOR A DRUG TREATMENT COURT PROGRAM ELIGIBLE FOR 
DEFERRED PROSECUTION, AND TO AUTHORIZE PARTICIPATION IN A DRUG 
TREATMENT COURT PROGRAM AS A SPECIAL CONDITION OF PROBATION 
FOR CONVICTED DEFENDANTS. 

Referred to Judiciary I Committee. 

By Senators Jordan and Soles: 

S.B. 853, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE RESTORATION OF THE HISTORIC PINE FOREST CEMETERY IN THE CITY 

April 13, 1999 



308 SENATE JOURNAL [Session 

OF WILMINGTON. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Ballantine, Hoyle and Plyler: 

S.B. 854, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CAPITAL IMPROVEMENTS TO THE STATE PORTS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Perdue and Hoyle: 

S.B. 855, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE STATE 
PORTS AUTHORITY TO OBTAIN ANNUAL REFUNDS OF STATE AND LOCAL 
SALES AND USE TAXES IT PAYS. 

Referred to Finance Committee. 

By Senators Perdue and Ballantine: 

S.B. 856, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE WILMINGTON HARBOR DEEPENING PROJECT. 
Referred to Appropriations/Base Budget Committee. 

By Senator Perdue: 

S.B. 857, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF CULTURAL RESOURCES FOR TRYON PALACE 
HISTORIC SITES AND GARDENS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Perdue: 

S.B. 858, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR MONITORING 
WATER QUALITY IN PAMLICO SOUND AND DEVELOPING A MODEL 
CAPABLE OF PREDICTING THE IMPACTS OF NUTRIENT LOADING IN 
PAMLICO SOUND AND TO APPROPRIATE FUNDS TO MONITOR AND MODEL 
PAMLICO SOUND. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue and Warren: 

S.B. 859, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
INITIATE THE DEVELOPMENT OF A PERMANENT COLLABORATIVE 
DELIVERY SYSTEM OF HIGHER EDUCATION IN EASTERN NORTH CAROLINA. 

Referred to Appropriations/Base Budget Committee. 

By Senators Rand, Albertson, Allran, Ballantine, Carpenter, Carrington, Carter, 
Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, Forrester, Foxx, Garrou, Garwood, 
Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of 
Guilford, Martin of Pitt, Metcalf, Miller, Perdue, Phillips, Plyler, Purcell, Reeves, 
Robinson, Rucho, Shaw of Guilford, Soles, Warren, Weinstein and Wellons: 

S.B. 860, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
EXHIBITS AND UPFIT FOR THE NEW NORTH CAROLINA STATE MUSEUM OF 
NATURAL SCIENCES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 861, A BILL TO BE ENTITLED AN ACT TO MODIFY THE STATUTES ON 

April 13, 1999 



1999] SENATE JOURNAL 309 

UNCLAIMED PROPERTY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kinnaird, Clodfelter, Foxx, Garrou, Garwood, Gulley, Hagan, Horton, 
Lucas, Martin of Guilford, Miller, Phillips, Robinson, Shaw of Cumberland, Warren and 
Weinstein: 

S.B. 862, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
STUDENT MEMBER OF THE BOARD OF GOVERNORS SHALL HAVE THE SAME 
RIGHT TO VOTE AS ALL OTHER MEMBERS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 863, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW OF NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Gulley and Hoyle: 

S.B. 864, A BILL TO BE ENTITLED AN ACT TO PROVIDE SALES TAX 
REDUCTIONS FOR CERTAIN CLINICAL LABORATORY TESTING COMPANIES. 
Referred to Finance Committee. 

By Senator Gulley: 

S.B. 865, A BILL TO BE ENTITLED AN ACT TO CORRECT A PROVISION 
REGARDING TRANSIT AUTHORITY FINANCE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Gulley: 

S.B. 866, A BILL TO BE ENTITLED AN ACT AMENDING THE LAWS 
CONCERNING THE LICENSURE OF MORTGAGE LENDERS AND BROKERS. 

Referred to Commerce Committee and upon a favorable report, re-referred to the 
Finance Committee. 



By Senator Gulley: 

S.B. 867, A BILL TO BE ENTITLED AN ACT AMENDING CERTAIN 
PROVISIONS OF THE REAL ESTATE LICENSE LAW. 
Referred to Judiciary II Committee. 

By Senators Plyler, Hoyle, Kerr, Martin of Pitt, Miller, Perdue, Purcell, Rand, Reeves 
and Soles: 

S.B. 868, A BILL TO BE ENTITLED AN ACT TO ADJUST THE CHARGE FOR 
THE INSPECTION OF A MOTOR VEHICLE DUE TO FEDERAL 
ENVIRONMENTAL PROTECTION AGENCY MANDATES THAT REQUIRE THE 
NORTH CAROLINA DIVISION OF MOTOR VEHICLES TO IMPLEMENT THE 
REGISTRATION DENIAL PROGRAM THROUGH THE MOTOR VEHICLE 
INSPECTION PROGRAM, AND DUE TO VARIOUS OTHER INCREASED COSTS 
AND EXPENSES INCURRED BY THE MOTOR VEHICLE INSPECTION STATIONS 
IN IMPLEMENTING THE MOTOR VEHICLE INSPECTION PROGRAM IN NORTH 
CAROLINA. 

Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 869, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 

April 13, 1999 



3 1 SENATE JOURNAL [Session 

PARTIALLY REIMBURSE PITT COUNTY FOR ITS COSTS TO MONITOR, 
INVESTIGATE, AND CONTAIN CONTAMINATION CAUSED BY THE DISPOSAL 
OF HAZARDOUS WASTE AT ITS COUNTY LANDFILL IN 1979 AT THE URGING 
OF THE STATE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Reeves and Miller: 

S.B. 870, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
WAKE COUNTY FOR THE COMMUNITY LEARNING CENTERS FOR 
EXPANSION OF SERVICES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 871, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING THE OBLIGATION OF DECEDENTS' ESTATES FOR FUNERAL 
EXPENSES AND RELATED EXPENSES. 

Referred to Commerce Committee. 

By Senators Foxx, Albertson, Allran, Ballantine, Carpenter, Carrington, Carter, 
Clodfelter, Cochrane, East, Forrester, Garrou, Garwood, Gulley, Horton, Kinnaird, Lee, 
Metcalf, Phillips, Rand, Reeves, Rucho, Shaw of Guilford and Wellons: 

S.B. 872, A BILL TO BE ENTITLED AN ACT TO AMEND THE NATURAL AND 
SCENIC RIVERS ACT OF 1971 TO REMOVE THE LIMIT ON THE AMOUNT OF 
ACREAGE THE STATE MAY ACQUIRE FOR INCLUSION IN THE NEW RIVER 
STATE PARK. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Dalton, Albertson, Hagan, Kerr, Lee, Miller, Phillips, Reeves, Soles and 
Wellons: 

S.B. 873, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE QUALITY OF 
DOCUMENTS RECORDED IN THE OFFICE OF THE REGISTER OF DEEDS. 

Referred to Judiciary I Committee. 

By Senator Ballance: 

S.B. 874, A BILL TO BE ENTITLED AN ACT TO DEFINE A PROFESSIONAL 
FIREFIGHTERS' BENEFIT ACCRUAL RATE FOR MEMBERS AND 
BENEFICIARIES OF THE LOCAL GOVERNMENTAL EMPLOYEES' RETIREMENT 
SYSTEM. 

Referred to Pensions & Retirement and Aging Committee and upon a favorable 
report, re-referred to the Appropriations/Base Budget Committee. 

By Senators Lucas, Carter, Foxx, Gulley, Jordan, Kinnaird, Martin of Guilford, 
Metcalf, Perdue and Robinson: 

S.B. 875, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE PRACTICE 
OF MIDWIFERY BY CERTIFIED PROFESSIONAL MIDWIVES. 

Referred to Health Care Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Kerr: 

S.B. 876, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGARDING THE USE OF NATURAL GAS EXPANSION FUNDS. 
Referred to Finance Committee. 



April 13, 1999 



1 999] SENATE JOURNAL 3 1 1 

By Senator Kerr: 

S.B. 877, A BILL TO BE ENTITLED AN ACT TO CLARIFY WHEN MEMBERS 
OF THE NORTH CAROLINA NATIONAL GUARD AND NORTH CAROLINA 
STATE GUARD ARE EMPLOYEES SUBJECT TO THE WORKERS' 
COMPENSATION ACT. 

Referred to Judiciary II Committee. 

By Senators Kerr, Cochrane, Dalton, Hoyle and Phillips: 

S.B. 878, A BILL TO BE ENTITLED AN ACT TO ALLOW CERTAIN 
NONPROFIT WATER CORPORATIONS TO BE ELIGIBLE FOR REVOLVING 
LOANS AND GRANTS FROM THE DRINKING WATER TREATMENT 
REVOLVING LOAN FUND. 

Referred to Finance Committee. 

By Senators Martin of Guilford, Dannelly, Forrester, Gulley, Kerr, Kinnaird, Lucas, 
Phillips and Purcell: 

S.B. 879, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NORTH CAROLINA HEALTHY START FOUNDATION. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Dannelly, Forrester, Gulley, Kerr, Kinnaird, Lucas, 
Phillips and Purcell: 

S.B. 880, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT A CHILD IS 
DEEMED UNINSURED FOR PURPOSES OF HEALTH INSURANCE UNDER 
HEALTH CHOICE IF THE CHILD'S PARENT FAILS TO COMPLY WITH COURT- 
ORDERED HEALTH INSURANCE. 

Referred to Insurance Committee. 

By Senators Gulley, Ballance, Cooper, Garrou, Hagan, Kinnaird, Lucas, Martin of 
Guilford, Miller, Perdue, Phillips, Rand and Reeves: 

S.B. 881, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE CAMPAIGN 
REFORM ACT OF 1999. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Gulley, Ballance, Kinnaird, Lucas, Martin of Guilford, Miller, Phillips 
and Reeves: 

S.B. 882, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A SYSTEM OF 
COMPREHENSIVE PUBLIC FINANCING OF ELECTIONS FOR GOVERNOR, 
COUNCIL OF STATE, AND GENERAL ASSEMBLY; AND TO MAKE RELATED 
CHANGES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Gulley, Lucas, Miller and Reeves: 

S.B. 883, A BILL TO BE ENTITLED AN ACT TO INCREASE THE GAS TAX TO 
PROVIDE FUNDS FOR TRANSPORTATION NEEDS. 
Referred to Finance Committee. 

By Senator Cooper: 

S.B. 884, A BILL TO BE ENTITLED AN ACT TO EXEMPT FROM SALES AND 
USE TAX DURABLE MEDICAL EQUIPMENT AND RELATED MEDICAL 
SUPPLIES COVERED UNDER MEDICAID OR MEDICARE. 

Referred to Finance Committee. 



April 13, 1999 



3 1 2 SENATE JOURNAL [Session 

By Senators Cooper and Martin of Guilford: 

S.B. 885, A BILL TO BE ENTITLED AN ACT CLARIFYING THE AUTHORITY 
OF THE STATE AUDITOR TO EXAMINE STATE EMPLOYEE PERSONNEL 
RECORDS. 

Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 886, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH AND SUPPORT AN ASSISTANT FOREST RANGER POSITION FOR 
NASH COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Cooper, Gulley and Martin of Guilford: 

S.B. 887, A BILL TO BE ENTITLED AN ACT TO TRANSFER CERTAIN FUNDS 
APPROPRIATED FOR THE 1998-99 FISCAL YEAR FROM THE DEPARTMENT OF 
COMMERCE TO THE HOUSING FINANCE AGENCY FOR THE HOUSING TRUST 
FUND. 

Referred to Appropriations/Base Budget Committee. 

By Senator Cooper: 

S.B. 888, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS 
REGARDING CONTROLLED SUBSTANCES. 
Referred to Judiciary I Committee. 

By Senators Phillips, Albertson, Ballance, Clodfelter, Cochrane, Dalton, Dannelly, 
Forrester, Garrou, Garwood, Gulley, Hagan, Harris, Horton, Jordan, Kerr, Kinnaird, Lee, 
Lucas, Martin of Guilford, Martin of Pitt, Miller, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Soles, Warren and Wellons: 

S.B. 889, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ENABLE THE CONSERVATION TRUST FOR NORTH CAROLINA TO SUPPORT 
THE WORK OF THE STATE'S PRIVATE LAND TRUSTS AND TO PROMOTE THE 
CONSERVATION TAX CREDIT PROGRAM FOR CONSERVATION OF CERTAIN 
ELIGIBLE LANDS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf and Carter: 

S.B. 890, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
PUBLIC-PRIVATE PARTNERSHIP PILOT PROJECTS TO EXPAND ACCESS TO 
HEALTH CARE. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Metcalf and Carter: 

S.B. 891, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ENHANCE ECONOMIC DEVELOPMENT IN WESTERN NORTH CAROLINA 
THROUGH THE SMALL TOWN REVITALIZATION AND COUNTY PLANNING 
PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf, Carter and Garwood: 

S.B. 892, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES TO BE ALLOCATED TO THE 
WESTERN PIEDMONT COMMUNITY COLLEGE BOARD OF TRUSTEES TO 

April 13, 1999 



1 999] SENATE JOURNAL 3 1 3 

ESTABLISH A MODEL EARLY CHILDHOOD EDUCATION CENTER FOR BURKE 
COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Metcalf, Carter and Robinson: 

S.B. 893, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
IDENTIFYING AND EVALUATING POTENTIAL INDUSTRIAL AND BUSINESS 
SITES IN WESTERN NORTH CAROLINA AND TO BEGIN THE DEVELOPMENT 
ON SELECTED SITES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carter, Harris, Kerr, Metcalf and Robinson: 

S.B. 894, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
NEUROBEHAVIORAL TREATMENT PROGRAM AT BLACK MOUNTAIN 
CENTER FOR PERSONS WITH TRAUMATIC BRAIN INJURY. 

Referred to Appropriations/Base Budget Committee. 

Pursuant to Senator Ballance's motion to adjourn having prevailed, the Senate 
adjourns at 2:58 P.M. 



FORTY-FIFTH DAY 

Senate Chamber 
Wednesday, April 14, 1999 






The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Ever constant God, the pendulum of power and consent swings widely in this 
Chamber. On any day it may lean in support of a position we advocate just as easily as it 
swings in opposition to us. Winners and losers are delineated in only five seconds, with 
each flip of the voting levers. 

"When we find ourselves on the prevailing side of a vote, keep us from the temptation 
of gloating in our victory, and from equating a victorious outcome with a virtuous 
outcome. Help us to remember that our green and red voting lights do not necessarily 
denote right and wrong. And when our passionately held positions are overruled by the 
will of the majority and we sense ourselves misunderstood in our defeat, save us from 
slipping into bitterness. 

"Grant us grace, humility, and Your Spirit of peace in all our deliberations this day. 
For we make our prayer in Your Holy Name, Amen." 

With unanimous consent, the President grants leaves of absence for today to Senator 
Carter, Senator Gulley, and Senator Shaw of Cumberland. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 13, has been examined and is found to be correct. Upon his motion, the 

Senate dispenses with the reading of the Journal and it stands approved as written. 

* 

April 14, 1999 



314 SENATE JOURNAL [Session 

The President of the Senate extends courtesies of the floor to Dr. Thomas Adams 
Roberts, Jr. from Charlotte, North Carolina, who is serving the Senate as Doctor of the 
Day. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 76, AN ACT TO REQUIRE THE DIVISION OF CRIMINAL STATISTICS TO 
COLLECT AND MAINTAIN STATISTICS ON TRAFFIC LAW ENFORCEMENT. 

CHAPTERED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, assigned the 
following Chapter Numbers, and presented to the Office of the Secretary of State: 

S.B. 270, AN ACT TO AUTHORIZE THE TOWN OF HUNTERSVILLE TO 
PROVIDE FOR VOLUNTARY ANNEXATION OF PROPERTY SUBJECT TO 
PRESENT-USE VALUE APPRAISAL. (Became law upon ratification, April 12, 1999 - 
S.L. 1999-19.) 

H.B. 238, AN ACT TO REMOVE THE SUNSET FROM LAWS ENCOURAGING 
THE PURCHASE OF COMMODITIES AND SERVICES OFFERED BY BLIND AND 
BY SEVERELY DISABLED PERSONS. (Became law upon approval of the Governor, 
April 13, 1999 -S.L. 1999-20.) 

S.B. 62, AN ACT TO VALIDATE CERTAIN NOTARIAL ACTS. (Became law upon 
approval of the Governor, April 13, 1999 - S.L. 1999-21.) 

CALENDAR 

Bills and a resolution on today's Calendar are taken up and disposed of, as follows: 

S.B. 65 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ENHANCE MOTOR VEHICLE OCCUPANT RESTRAINT SAFETY. 

With unanimous consent, upon motion of Senator Purcell, the Committee Substitute 
bill is withdrawn from today's Calendar and is placed on the Calendar for Tuesday, 
April 20. 

INTRODUCTION OF A RESOLUTION 

A resolution filed for introduction is presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Rand: 

S.J.R. 913, A JOINT RESOLUTION INVITING THE HONORABLE BURLEY B. 
MITCHELL, JR., CHIEF JUSTICE OF THE SUPREME COURT, TO ADDRESS A 
JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. 

Upon motion of Senator Rand, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (42-0) and third readings and is ordered sent by 

April 14, 1999 



1 999] SENATE JOURNAL 3 1 5 

special message to the House of Representatives. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

■ 
By Senator Purcell for the Health Care Committee: 

S.B. 793, A BILL TO BE ENTITLED AN ACT AMENDING THE PSYCHOLOGY 
PRACTICE ACT TO INCLUDE WITHIN THE SCOPE OF PRACTICE THE 
DIAGNOSIS AND TREATMENT OF NEUROPSYCHOLOGICAL ASPECTS OF 
PHYSICAL ILLNESS, ACCIDENT, INJURY, OR DISABILITY AND TO DEFINE 
THE TERM NEUROPSYCHOLOGICAL, with a favorable report. 

By Senator Phillips for the Pensions & Retirement and Aging Committee: 

S.B. 304, A BILL TO BE ENTITLED AN ACT TO INCLUDE PUBLIC 
DEFENDERS AND THE APPELLATE DEFENDER AS MEMBERS OF THE 
CONSOLIDATED JUDICIAL RETIREMENT SYSTEM, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations/Base Budget 
Committee. 

S.B. 296, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROVISIONS 
REGARDING SUPPLEMENTAL RETIREMENT FUNDS FOR FIREMEN IN THE 
CHARTER OF THE TOWN OF FOREST CITY, with a favorable report, as amended. 

Pursuant to Rule 45.1, the proposed Committee Amendment No. 1 is adopted and 
engrossed. 

S.B. 687, A BILL TO BE ENTITLED AN ACT TO AMEND THE 
SUPPLEMENTAL RETIREMENT FUND FOR FULL-TIME PAID FIREFIGHTERS IN 
THE CITY OF HICKORY, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2643 is adopted and 
engrossed. 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 573, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
CHARLOTTE TO ENGAGE IN PUBLIC-PRIVATE PROJECTS OUTSIDE THE 
DOWNTOWN AREA, with a favorable report. 

S.B. 625, A BILL TO BE ENTITLED AN ACT TO REPEAL AN OBSOLETE 
SECTION OF THE CHARTER OF THE CITY OF DURHAM REGARDING THE 
PRIVILEGE LICENSE TAX YEAR, with a favorable report. 

S.B. 627, A BILL TO BE ENTITLED AN ACT TO PERMIT THE DURHAM CITY 
COUNCIL TO AUTHORIZE DEPUTY AND ASSISTANT CITY MANAGERS TO 
MAKE AND EXECUTE CONTRACTS, with a favorable report. 

S.B. 652, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL 
OFFENSE IN DURHAM COUNTY TO FRAUDULENTLY OBTAIN AMBULANCE 

April 14, 1999 



3 1 6 SENATE JOURNAL [Session 

SERVICES, with a favorable report. 

S.B. 719, A BILL TO BE ENTITLED AN ACT ALLOWING THE CITY OF 
DURHAM TO CONSIDER LIMITATIONS ON USES AS REQUESTED IN THE 
DEVELOPMENT PLANS SUBMITTED FOR REZONINGS AND TO MAKE OTHER 
CHANGES REGARDING THE CONSIDERATION OF DEVELOPMENT PLANS, with 
a favorable report. 

S.B. 626, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DURHAM 
CITY COUNCIL TO DELEGATE TO CITY DEPARTMENTS THE AUTHORITY TO 
APPROVE FIREWORKS DISPLAYS, with a favorable report, as amended. 

Pursuant to Rule 45.1, the proposed Committee Amendment No. 1 is adopted and 
engrossed. 

COMMITTEE REFERRAL RECALL 

S.B. 392, A BILL TO BE ENTITLED AN ACT TO PROVIDE A 
COMPREHENSIVE CAMPUS VOTER REGISTRATION PROGRAM, referred to the 
Education/Higher Education Committee on March 16. 

Pursuant to Rule 47(a), Senator Dalton offers a motion that the bill be withdrawn from 
the Education/Higher Education Committee and re-referred to the Judiciary II 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Education/Higher Education 
Committee and re-refers the measure to the Judiciary II Committee. 

REPORTS OF COMMITTEES (Continued) 

By Senator Wellons for the Insurance Committee: 

S.B. 347, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH BENEFIT 
PLANS TO COVER NONFORMULARY DRUGS AND DEVICES WHEN 
MEDICALLY NECESSARY, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2637 is adopted and 
engrossed. 

By Senator Soles for the Commerce Committee: 

S.B. 607, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE PERMITS TO 
SPORTS CLUBS, with a favorable report. 

S.B. 606, A BILL TO BE ENTITLED AN ACT TO ESTABLISH TOURISM 
RESORTS AND TO AUTHORIZE THE ALCOHOLIC BEVERAGE CONTROL 
COMMISSION TO ISSUE PERMITS TO THESE ENTITIES AND TO PROHIBIT 
DISCRIMINATION BY ABC PERMITTEES, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2726 is adopted and 
engrossed. 

S.B. 658, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 
THE LAW PROVIDING THAT CERTAIN SECONDARY SUPPLIERS OF ELECTRIC 

April 14, 1999 



1 999] SENATE JOURNAL 3 1 7 

SERVICE MAY FURNISH SERVICE WITHIN THE CORPORATE LIMITS OF A 
CITY WITH WRITTEN CONSENT FROM THE CITY, ALLOWING THE BOARD OF 
AN ELECTRIC MEMBERSHIP CORPORATION TO VOTE BY PROXY ON 
DECISIONS TO ENCUMBER CORPORATE PROPERTY OR TO DISSOLVE THE 
CORPORATION, AND MAKING TECHNICAL CHANGES TO THE LAW 
REGARDING MUNICIPAL ELECTRIC SERVICE, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4655, which changes 
the title to read S.B. 658 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO REMOVE THE SUNSET ON THE LAW PROVIDING THAT CERTAIN 
SECONDARY SUPPLIERS OF ELECTRIC SERVICE MAY FURNISH SERVICE 
WITHIN THE CORPORATE LIMITS OF A CITY WITH WRITTEN CONSENT FROM 
THE CITY, ALLOWING THE BOARD OF AN ELECTRIC OR TELEPHONE 
MEMBERSHIP CORPORATION TO VOTE BY PROXY ON DECISIONS TO 
ENCUMBER CORPORATE PROPERTY OR TO DISSOLVE AN ELECTRIC 
MEMBERSHIP CORPORATION, AND MAKING TECHNICAL CHANGES TO THE 
LAW REGARDING MUNICIPAL ELECTRIC SERVICE, is adopted and engrossed. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

S.B. 225 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AMEND THE LAW REGARDING CERTIFICATION AND EMPLOYMENT OF 
ASSISTANT PRINCIPALS, for concurrence in the House Committee Substitute bill, 
which is placed on the Calendar for tomorrow, Thursday, April 15. 

H.B. 294 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW GOVERNING THE APPLICABILITY OF PREEXISTING CONDITION 
LIMITATIONS TO CERTAIN TYPES OF HEALTH INSURANCE POLICIES; TO 
PRESCRIBE STANDARDS FOR DISABILITY INCOME INSURANCE; TO 
CONFORM NORTH CAROLINA'S 1997 POSTMASTECTOMY RECONSTRUCTIVE 
SURGERY LAWS TO THE FEDERAL WOMEN'S HEALTH AND CANCER RIGHTS 
ACT OF 1998; TO UPDATE THE LAW ON VIATICAL SETTLEMENTS; AND TO 
AUTHORIZE THE WRITING OF FAMILY LEAVE CREDIT INSURANCE. 

Referred to Insurance Committee. 

H.B. 495 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE ARBITRATION OF ALL ISSUES ARISING FROM A MARITAL 
SEPARATION OR DIVORCE, EXCEPT FOR THE DIVORCE ITSELF, UPON THE 
AGREEMENT OF ALL PARTIES; AND TO AMEND G.S. 1-567.57. 

Referred to Judiciary II Committee. 

H.B. 531 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REGULATE HUNTING IN LEE COUNTY. 

Referred to State and Local Government Committee. 

H.B. 587, A BILL TO BE ENTITLED AN ACT TO INCREASE THE INFORMAL 
BID LIMITS RELATING TO THE LETTING OF PURCHASE CONTRACTS BY THE 

April 14, 1999 



3 1 8 SENATE JOURNAL [Session 

CITY OF GREENSBORO. 

Referred to State and Local Government Committee. 

H.B. 615, A BILL TO BE ENTITLED AN ACT TO ALLOW THE CITY OF 
ELIZABETH CITY TO REGULATE THE OPERATION OF VESSELS WITHIN THE 
CITY. 

Referred to State and Local Government Committee. 

H.B. 637, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A NO- WAKE 
SPEED ZONE IN COINJOCK CANAL IN CURRITUCK COUNTY. 
Referred to State and Local Government Committee. 

H.B. 685 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ARREST A PERSON ON 
PRIVATE PREMISES OR IN A VEHICLE IN ACCORDANCE WITH STATE LAW 
WITH A COPY OF THE ORIGINAL ARREST WARRANT OR ORDER. 

Referred to Judiciary II Committee. 

EXECUTIVE ORDER 

An Executive Order received is presented to the Senate, read, and ordered filed in the 
Office of the Principal Clerk with the papers of the Senate, as follows: 

Executive Order Number 148, Governor's Commission on Responsible Fatherhood. 

With unanimous consent, the President grants a leave of absence for the remainder of 
today 's Session to Senator Webster. 

CALENDAR {Continued) 

S.B. 271 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ANNEX 
TO THE EXISTING CITY LIMITS OF THE TOWN OF HUNTERSVILLE CERTAIN 
AREAS SURROUNDED BY EXISTING CITY LIMITS OF THE TOWN OF 
HUNTERSVILLE, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 42, 
noes 2, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Basnight, Carpenter, 
Carrington, Clodfelter, Cochrane, Dalton, Dannelly, East, Forrester, Garrou, Garwood, 
Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, 
Martin of Guilford, Metcalf, Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, 
Reeves, Robinson, Rucho, Shaw of Guilford, Soles, Warren, Weinstein, and Wellons — 42. 

Voting in the negative: Senators Ballantine and Foxx — 2. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 269 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE TOWN OF HUNTERSVILLE TO MAKE ADDITIONAL 
VOLUNTARY SATELLITE ANNEXATIONS IF CERTAIN CRITERIA ARE MET, for 
concurrence in the House Committee Substitute bill, upon third reading. 

The Senate concurs in the House Committee Substitute bill on its third reading by 
roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Clodfelter, Cochrane, Dalton, Dannelly, East, Forrester, Foxx, 
Garrou, Garwood, Hagan, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Kinnaird, Lee, 

April 14, 1999 



1 999] SENATE JOURNAL 3 1 9 

Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Moore, Odom, Perdue, Phillips, Plyler, 
Purcell, Rand, Reeves, Robinson, Rucho, Shaw of Guilford, Soles, Warren, Weinstein, 
and Wellons — 44. 

Voting in the negative: None. 

The House Committee Substitute bill is ordered enrolled. 

REPORTS OF COMMITTEES (Continued) 
By Senator Kerr for the Finance Committee: 

S.B. 313, A BILL TO BE ENTITLED AN ACT TO ALLOW MECKLENBURG 
COUNTY TO CONTINUE TO LEVY STORMWATER FEES IF REVENUE BONDS 
HAVE BEEN ISSUED AND ARE OUTSTANDING, with a favorable report. 

With unanimous consent, upon motion of Senator Kerr, the bill is placed on the 
Calendar for Tuesday, April 20. 

S.B. 675, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
AMENDMENTS TO AN ACT WHICH REVIVED THE CHARTER OF THE TOWN 
OF UNIONVILLE, with a favorable report. 

With unanimous consent, upon motion of Senator Kerr, the bill is placed on the 
Calendar for Tuesday, April 20. 



CALENDAR (Continued) 

S.J.R. 416, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
SAMUEL ASHE FOR WHOM ASHE COUNTY IS NAMED UPON THE COUNTY'S 
BICENTENNIAL CELEBRATION. 

With unanimous consent, upon motion of Senator Ballantine, the remarks of the Senators 
honoring the late Governor Ashe and Ashe County, are spread upon the Journal, as follows: 

Senator Foxx: 

"Ladies and Gentlemen, I could say that there is no free cheese. You have to listen to 
the comments about this joint resolution in exchange for the cheese that you have from 
Ashe County today. I have introduced this resolution to honor former Governor Ashe but 
also to bring attention to Ashe County, which is celebrating its two hundredth anniversary 
this year, and I hope that if you have never been to Ashe County this will prompt you to 
want to come and visit the county because it is truly a wonderful place. As I mentioned, 
Ashe County is named for Samuel Ashe. I'm not going to spend a lot of time talking 
about him but in preparing for this today, I learned he was quite a patriot and a wonderful 
person to help form this State. So I hope if you have a few minutes sometime, you will 
read more about former Governor Ashe. He was one of the first three judges of this State, 
he was Speaker of the Senate, and he was Governor from 1795-1799, and he was also on 
the committee to write the North Carolina Constitution. Asheville and Asheboro are also 
named for him. So you can tell that people in our State have held him in high esteem for a 
long, long time. I'm going to give you a little bit of information about the current Ashe 
County and I promise you we're not going to dwell on all the facts that I could give you. 
The cheese comes from the only cheese factory in North Carolina, and the reason the 
cheese factory is there is because of the wonderful water that is in Ashe County. There are 
many different kinds of springs there but everyone who ever goes to Ashe County knows 
that the water there all over the county is really wonderful. We also are blessed to have 
twenty-seven miles of the New River within the boundary of Ashe County and, as I think 
most of you know, the New River last year was designated part of the American Heritage 

April 14, 1999 



320 SENATE JOURNAL [Session 

River Initiative. And the New is the oldest river in North America. It provides much 
recreation for the county both in fishing and canoeing. Ashe County also has 
approximately twenty-eight miles of the Blue Ridge Parkway within its boundaries. It is 
one of the most rural and most agricultural of all the counties in North Carolina, and I 
want to read you something so that you won't think that I am alone prejudiced about Ashe 
County. This comes from Bill Sharpe's, New Geography of North Carolina, and he says 
on page 543 that Preston Arthur who wrote about all the mountain counties concluded that 
'Ashe is less known than any mountain county, but it is the finest of all. A traveler 
immerging upon the neat plateau can easily pardon Ashe people for looking upon their 
county with pride. It is a pride without pretension, yet conscious of their pioneer heritage 
and their stewardship of a goodly land.' The two hundredth anniversary celebration will 
take place on May 7. Everyone is invited to come and I hope you will use the order form 
to order lots of cheese. The economy can use it. Thank you very much." 

Senator Phillips: 

"I just want to join Senator Foxx in asking you to support this resolution, and I want to 
tell you why. It was my pleasure for sixteen years to work for the people of Ashe County. 
They're a joy. They're honest. They're decent. They're hard working. They're faithful 
to all of their programs, education, their churches, their children and most of all each 
other. It's a wonderful place to live. It's a wonderful place to visit. And I must tell you 
that when you leave Ashe County going in any direction or when you come in to Ashe 
County from any direction, you know that you are either in or have been in Ashe County. 
The way the homes are maintained, the way the community is maintained, the spirit of the 
people in the community, it is a pleasure to visit and be a part of that community. I want 
to say to you that I don't know Governor Ashe, he was a little bit before my time. But he 
was fortunate. He was fortunate if he had an experience with the people in Ashe County 
whatever time that might have been. I have fond memories of the community and its 
people and I also ask that you support the resolution. Thank you." 

Senator East: 

"I just want to say ditto to what's been said here by Senator Foxx and Senator Phillips 
and invite you folks up to one of the most beautiful places in this country and in this State. 
I would suggest you come up and go through the cheese factory and the pipe plant there. 
You might even check out Jefferson Landing, a beautiful place there for golfing and tennis 
and what have you. I would suggest that a whole lot of you flatlanders bring your money 
up to the mountains and spend some time up there. Thank you." 

The joint resolution passes its second reading (43-0) and third reading with Members 
standing, and is ordered sent to the House of Representatives. 

WITHDRAWAL FROM THE CLERK'S OFFICE 

S.B. 665, A BILL TO BE ENTITLED AN ACT AUTHORIZING DENTAL 
HYGIENIST LICENSURE BY CREDENTIAL AND AMENDING THE LICENSURE 
REQUIREMENTS FOR DENTAL HYGIENISTS, ordered held in the Office of the 
Principal Clerk on March 31, pending referral to committee. 

Upon motion of Senator Rand, the bill is withdrawn from the Office of the Principal 
Clerk and referred to the Health Care Committee. 

COMMITTEE REFERRAL RECALL 

S.B. 694, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 

April 14, 1999 



1 999] SENATE JOURNAL 32 1 

OF RIMERTOWN SUBJECT TO A REFERENDUM, referred to the Rules and 
Operations of the Senate Committee on April 1. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

S.B. 528, A BILL TO BE ENTITLED AN ACT RELATING TO THE 26TH 
SENATORIAL DISTRICT, referred to the Rules and Operations of the Senate 
Committee on March 25. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

Upon motion of Senator Basnight, seconded by Senator Lucas, the Senate adjourns 
subject to introduction of bills, to meet tomorrow, Thursday, April 15, at 1 1 :00 A.M. 

INTRODUCTION OF BILLS AND A RESOLUTION 



Bills and a resolution filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senator Soles: 

S.B. 895, A BILL TO BE ENTITLED AN ACT TO SUBJECT GIFT 
CERTIFICATES AND ELECTRONIC GIFT CARDS BEARING AN EXPIRATION 
DATE TO THE UNCLAIMED PROPERTY LAWS OF NORTH CAROLINA AND TO 
EXEMPT GIFT CERTIFICATES AND ELECTRONIC GIFT CARDS WHICH ARE 
PERPETUALLY REDEEMABLE FROM THE UNCLAIMED PROPERTY LAWS OF 
NORTH CAROLINA. 

Referred to Finance Committee. 

By Senator Perdue: 

S.B. 896, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE SMART 
GROWTH NORTH CAROLINA COMMISSION AND TO APPROPRIATE FUNDS 
FOR THAT PURPOSE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Dalton and Perdue: 

S.B. 897, A BILL TO BE ENTITLED AN ACT TO PROVIDE TITLE 
PROTECTION FOR THE SAFETY PROFESSION. 
Referred to Judiciary I Committee. 

By Senators Dalton and Lee: 

S.B. 898, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
LAWS PERTAINING TO PUBLIC SCHOOL PERSONNEL. 
Referred to Education/Higher Education Committee. 

By Senator Shaw of Guilford: 

S.B. 899, A BILL TO BE ENTITLED AN ACT TO RESTRICT LOCAL 

April 14, 1999 



322 SENATE JOURNAL [Session 

GOVERNMENT AUTHORITY TO IMPOSE FEES THAT APPLY TO ALL 
PROPERTY WITHIN ITS TAXING JURISDICTION WITH THE INTENT THAT 
LOCAL GOVERNMENTS USE PROPERTY TAX REVENUES BECAUSE 
PROPERTY TAXES ARE DEDUCTIBLE FOR FEDERAL INCOME TAX 
PURPOSES AND FEES ARE NOT. 
Referred to Finance Committee. 

By Senator Wellons: 

S.B. 900, A BILL TO BE ENTITLED AN ACT TO ADOPT THE GREEN GARDEN 
SPIDER AS THE STATE SPIDER. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Wellons: 

S.B. 901, A BILL TO BE ENTITLED AN ACT TO REVISE THE LAW 
GOVERNING THE TIME OF APPOINTMENT OF COUNSEL FOR JUVENILES 
CHARGED WITH CERTAIN OFFENSES. 

Referred to Judiciary I Committee. 

By Senator Wellons: 

S.B. 902, A BILL TO BE ENTITLED AN ACT TO REPEAL THE 
AUTHORIZATION OF THE COURT TO PROCEED WITH A JUVENILE TRANSFER 
HEARING UPON ITS OWN MOTION. 

Referred to Judiciary I Committee. 

By Senator Lee: 

S.B. 903, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMERCE FOR THE NORTH CAROLINA PROGRESS 
BOARD. 

Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 904, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR A 
PILOT PROGRAM ON SCHOOL LEADERSHIP ISSUES. 
Referred to Appropriations/Base Budget Committee. 

By Senator Lee: 

S.B. 905, A BILL TO BE ENTITLED AN ACT PERTAINING TO CAPITAL 
FINANCING FOR THE UNIVERSITY OF NORTH CAROLINA. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Lee: 

S.B. 906, A BILL TO BE ENTITLED AN ACT TO AMEND THE 
UNDERGROUND DAMAGE PREVENTION ACT. 
Referred to Judiciary II Committee. 

By Senators Cooper, Hoyle, Kerr, Perdue, Rand and Reeves: 

S.B. 907, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE 
DISSEMINATION OF OBSCENITIES BY COMPUTER TRANSMISSION, TO 
PROHIBIT THE USE OF STATE COMPUTERS TO ACCESS OBSCENITIES, TO 
REGULATE CERTAIN USES OF STATE COMPUTERS, AND TO REQUIRE THE 
INSTALLATION OF APPROPRIATE SOFTWARE ON CERTAIN COMPUTERS 
ACCESSIBLE TO THE PUBLIC OR THE USE OF OTHER APPROPRIATE 

April 14, 1999 



1999] SENATE JOURNAL 323 

MANAGEMENT SCHEMES TO SHIELD MINORS FROM OBSCENITIES 
TRANSMITTED BY COMPUTER. 
Referred to Judiciary I Committee. 

By Senators Albertson, Carpenter, Clodfelter, Harris, Hoyle, Kerr, Metcalf, Warren 
and Weinstein: 

S.B. 908, A BILL TO BE ENTITLED AN ACT TO REVISE THE UNIFORM 
COMMERCIAL CODE TO PROVIDE THAT WAREHOUSEMEN DO NOT HAVE TO 
ISSUE WRITTEN RECEIPTS AS A PRECONDITION TO CREATING A LIEN. 

Referred to Judiciary I Committee. 

By Senators Albertson, Carpenter, Harris, Hoyle, Kerr, Martin of Pitt, Metcalf, Warren 
and Weinstein: 

S.B. 909, A BILL TO BE ENTITLED AN ACT TO REGULATE COTTON GINS, 
COTTON WAREHOUSES, AND COTTON MERCHANTS. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Albertson, Carpenter, Carter, Dalton, Harris, Hoyle, Kerr, Metcalf, Martin 
of Pitt, Warren, and Weinstein: 

S.B. 910, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE COMMISSION ON SMALL FAMILY FARM PRESERVATION. 

Referred to Appropriations/Base Budget Committee. 

By Senators Rand, Allran, Ballance, Ballantine, Clodfelter, Cooper, Dalton, Garrou, 
Gulley, Hagan, Hartsell, Horton, Martin of Guilford, Miller, Reeves, Soles, Warren and 
Wellons: 

S.B. 911, A BILL TO BE ENTITLED AN ACT TO INCREASE THE 
COMPENSATION FOR EMERGENCY JUDGES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 912, A BILL TO BE ENTITLED AN ACT PERTAINING TO CAPITAL 
FINANCING FOR THE UNIVERSITY OF NORTH CAROLINA. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Rand and Cooper: 

S.B. 914, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
LEGISLATIVE RESEARCH COMMISSION TO STUDY THE IMPACT OF ADULT 
CRIME AND POVERTY ON JUVENILES WHO ARE DELINQUENT, 
UNDISCIPLINED, OR AT RISK OF BECOMING DELINQUENT OR 
UNDISCIPLINED. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 915, A BILL TO BE ENTITLED AN ACT TO CREATE A TOBACCO 
RESERVE FUND FOR TOBACCO PRODUCT MANUFACTURERS NOT 
PARTICIPATING IN THE MASTER SETTLEMENT AGREEMENT WITH THE 
STATE OF NORTH CAROLINA. 

Referred to Judiciary I Committee. 

April 14, 1999 



324 SENATE JOURNAL [Session 

By Senators Gulley, Ballance, Kinnaird, Lee, Lucas, Miller and Reeves: 
S.B. 916, A BILL TO BE ENTITLED AN ACT TO ADJUST THE GAS TAX RATE 
FORMULA. 

Referred to Finance Committee. 

By Senator Carpenter: 

S.B. 917, A BILL TO BE ENTITLED AN ACT TO MAKE THE RESULTS OF 
ALCOHOL SCREENING TESTS ADMISSIBLE. 
Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 918, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
CORRECTIONS TO THE JUVENILE JUSTICE REFORM ACT OF 1998. 
Referred to Judiciary I Committee. 

By Senators Garrou, Carter, Cooper, Gulley, Hagan, Harris, Kinnaird, Phillips, 
Robinson and Wellons: 

S.B. 919, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
GENERAL STATUTES REGARDING ABUSED AND NEGLECTED CHILDREN. 

Referred to Judiciary I Committee. 

By Senator Forrester: 

S.B. 920, A BILL TO BE ENTITLED AN ACT TO UPDATE THE NORTH 
CAROLINA CONTROLLED SUBSTANCES ACT TO ACCURATELY REFLECT THE 
CURRENT SCHEDULING OF CONTROLLED SUBSTANCES, AS SCHEDULED BY 
THE DRUG ENFORCEMENT ADMINISTRATION. 

Referred to Judiciary II Committee. 

By Senator Miller: 

S.B. 921, A BILL TO BE ENTITLED AN ACT TO ALLOW JUDGMENT BY 
DEFAULT TO BE ENTERED BY THE JUDGE WITHOUT A HEARING SUBJECT 
TO CERTAIN CONDITIONS. 

Referred to Judiciary II Committee. 

By Senator Miller: 

S.B. 922, A BILL TO BE ENTITLED AN ACT TO PROTECT SWINE GROWERS 
BY PROVIDING THAT SWINE OPERATION INTEGRATORS SHALL BE JOINTLY 
AND SEVERALLY LIABLE FOR FAILURE TO COMPLY WITH THE CONDITIONS 
OF A PERMIT FOR AN ANIMAL WASTE MANAGEMENT SYSTEM. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator Miller: 

S.B. 923, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE REDUCTION 
OF UNDERINSURED MOTORISTS COVERAGE BY THE AMOUNT RECEIVED IN 
BENEFITS UNDER THE WORKERS' COMPENSATION ACT. 

Preferred to Judiciary II Committee. 

By Senators Miller and Reeves: 

S.B. 924, A BILL TO BE ENTITLED AN ACT TO AMEND THE GENERAL 
STATUTES. 

Referred to Rules and Operations of the Senate Committee. 

April 14, 1999 



1999] SENATE JOURNAL 325 

By Senator Miller: 

S.B. 925, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE PUBLIC DUTY 
DOCTRINE FOR TORT CLAIMS AGAINST STATE DEPARTMENTS 
AND AGENCIES. 

Referred to Judiciary II Committee. 

By Senators Kinnaird, Gulley and Lucas: 

S.B. 926, A BILL TO BE ENTITLED AN ACT TO MODIFY DEPARTMENT OF 
TRANSPORTATION CONDEMNATION PROCEDURES. 
Referred to Judiciary I Committee. 

By Senators Kinnaird and Phillips: 

S.B. 927, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES 
NECESSITATED BY CHANGES IN FEDERAL LAW TO THE GENERAL 
STATUTES CONCERNING SERVICES FOR THE BLIND AND TO MAKE 
TECHNICAL CHANGES. 

Referred to Children & Human Resources Committee. 

By Senators Reeves, Lucas and Miller: 

S.B. 928, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
CONSTRUCT A REPLICA OF THE HULL OF THE AMISTAD SLAVESHIP AT THE 
AFRICAN AMERICAN HERITAGE PRESERVATION CULTURAL COMPLEX. 

Referred to Appropriations/Base Budget Committee. 

By Senator Reeves: 

S.B. 929, A BILL TO BE ENTITLED AN ACT TO REVISE THE ABATEMENT OF 
NUISANCES STATUTES. 

Referred to Judiciary II Committee. 

By Senators Kinnaird, Clodfelter, Gulley, Lee, Lucas and Phillips: 
S.B. 930, A BILL TO BE ENTITLED AN ACT TO PROMOTE THE 
PRESERVATION OF FARMLAND, TO PROMOTE SMALL, FAMILY-OWNED 
FARMS, AND TO CHANGE THE DEFINITION OF SUBDIVISIONS SUBJECT TO 
REGULATION UNDER CHAPTER 153 A OF THE GENERAL STATUTES. 
Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Kinnaird, Ballance, Lucas and Martin of Guilford: 

S.B. 931, A BILL TO BE ENTITLED AN ACT TO REQUIRE LIFE 
IMPRISONMENT WITHOUT PAROLE FOR FELONY MURDER. 
Referred to Judiciary II Committee. 

By Senators Kinnaird, Clodfelter and Hagan: 

S.B. 932, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT THE 
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RECEIVE 
PRIOR NOTIFICATION OF TIMBER HARVESTING. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Kinnaird, Carter, Garrou, Lucas and Phillips: 

S.B. 933, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE RIGHTS OF 
ADULT CARE HOME RESIDENTS WITH RESPECT TO TRANSFER OR 
DISCHARGE FROM THE FACILITY. 

Referred to Commerce Committee. 



April 14, 1999 



326 SENATE JOURNAL [Session 

By Senators Carter, Albertson, Clodfelter, Cooper, Dannelly, Gulley, Harris, Horton, 
Hoyle, Martin of Pitt, Metcalf, Perdue, Rand and Soles: 

S.B. 934, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
HANDICAPPED PERSONS PROTECTION ACT, CHAPTER 168 A OF THE 
GENERAL STATUTES. 

Referred to Children & Human Resources Committee. 

By Senators Carter, Albertson, Clodfelter, Dannelly and Rand: 

S.B. 935, A BILL TO BE ENTITLED AN ACT TO ALLOW CONSUMERS TO BE 
PLACED ON A LIST OF RESIDENTIAL TELEPHONE SUBSCRIBERS WHO 
OBJECT TO TELEPHONE SOLICITATIONS AND PROHIBITING TELEPHONE 
SOLICITORS FROM MAKING CALLS TO PERSONS ON THAT LIST. 

Referred to Commerce Committee. 

By Senators Forrester, Ballance and Wellons: 

S.B. 936, A BILL TO BE ENTITLED AN ACT TO ALLOW THE DIVISION OF 
MOTOR VEHICLES TO PROVISIONALLY RESTORE THE DRIVERS LICENSE OF 
A PERSON CONVICTED OF HABITUAL IMPAIRED DRIVING AFTER FIVE 
YEARS. 

Referred to Judiciary I Committee. 

By Senators Rand, Ballance, Carpenter, Carrington, Carter, Forrester, Foxx, Hartsell, 
Jordan, Kerr, Martin of Pitt, Plyler, Rucho, Shaw of Cumberland and Soles: 

S.B. 937, A BILL TO BE ENTITLED AN ACT TO PROMOTE COMPETITION, 
CHOICE, AND AVAILABILITY IN THE PURCHASE OF PRESCRIPTION DRUGS 
AND PHARMACY SERVICES. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator Kerr: 

S.B. 938, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE STATE 
TREASURER TO INVEST UP TO THIRTY MILLION DOLLARS OF THE ESCHEAT 
FUND IN NONPROFIT ECONOMIC OPPORTUNITY CORPORATIONS APPROVED 
BY THE DEPARTMENT OF COMMERCE FOR REINVESTMENT IN PRIVATE 
SECTOR INVESTMENT FUNDS THAT WOULD FINANCE ENTREPRENEURIAL 
FIRMS IN RURAL COUNTIES AND DEVELOPMENT ZONES. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senators Warren, Cooper, Gulley, Hoyle, Martin of Guilford, Perdue, Rand and 
Soles: 

S.B. 939, A BILL TO BE ENTITLED AN ACT TO REVISE THE REQUIREMENTS 
OF BANK DIRECTORS, TO CONFORM CERTAIN NORTH CAROLINA BANKING 
LAWS TO FEDERAL BANKING REGULATIONS, AND TO REMOVE THE SUNSET 
PROVISION WITH REGARD TO DE NOVO INTERSTATE BRANCH BANKING. 

Referred to Commerce Committee. 

By Senators Warren, Albertson, Cooper, Dannelly, Gulley, Hoyle, Martin of Guilford, 
Perdue, Rand and Soles: 

S.B. 940, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
LEGISLATIVE RESEARCH COMMISSION TO STUDY THE REGULATION OF 
NONDEPOSITORY TRUST COMPANIES AND THE AUTHORIZATION OF 

April 14, 1999 



1999] SENATE JOURNAL 327 

FAMILY TRUST COMPANIES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Warren, Albertson, Clodfelter, Cooper, Dannelly, Hoyle, Martin of 
Guilford, Martin of Pitt and Rand: 

S.B. 941, A BILL TO BE ENTITLED AN ACT TO UPDATE THE 
MANUFACTURED HOUSING BOARD STATUTES, TO PROVIDE FOR 
CONTINUING EDUCATION FOR LICENSEES, TO IMPROVE THE BUYER 
CANCELLATION LAW, AND TO UPDATE THE LAW ON MANUFACTURED 
HOME STANDARDS TO COMPLY WITH FEDERAL LAWS AND REGULATIONS. 

Referred to Commerce Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senators Martin of Guilford, Albertson, Ballance, Dannelly, Gulley, Hoyle, Kerr, 
Lee, Lucas, Martin of Pitt, Perdue, Purcell, Rand, Warren and Wellons: 

S.B. 942, A BILL TO BE ENTITLED AN ACT DIRECTING THE STATE BOARD 
OF EDUCATION TO DEVELOP PLANS FOR IMPLEMENTING THE STATEWIDE 
STUDENT ACCOUNTABILITY STANDARDS POLICY AND TO IDENTIFY 
RESOURCES TO ENSURE APPROPRIATE EARLY AND ONGOING ASSISTANCE 
FOR STUDENTS WHO NEED ASSISTANCE. 

Referred to Education/Higher Education Committee. 

By Senators Martin of Guilford, Albertson, Ballance, Clodfelter, Cooper, Dannelly, 
Gulley, Hoyle, Kerr, Lee, Martin of Pitt, Perdue, Rand, Warren and Wellons: 

S.B. 943, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE 
COMMISSION ON IMPROVING THE ACADEMIC ACHIEVEMENT OF MINORITY 
AND AT-RISK STUDENTS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Martin of Guilford, Albertson, Ballance, Clodfelter, Cooper, Dannelly, 
Gulley, Hoyle, Kerr, Perdue, Purcell, Rand, Warren and Wellons: 

S.J.R. 944, A JOINT RESOLUTION AUTHORIZING THE LEGISLATIVE 
RESEARCH COMMISSION TO STUDY HUNGER AND NUTRITION IN NORTH 
CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Martin of Guilford, Albertson, Ballance, Clodfelter, Dannelly, Gulley, 
Harris, Hoyle, Kerr, Martin of Pitt, Perdue, Phillips, Purcell, Rand, Shaw of Cumberland, 
Warren and Wellons: 

S.B. 945, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
AREA MENTAL HEALTH PROGRAMS. 

Referred to Appropriations/Base Budget Committee. 

By Senator Martin of Guilford: 

S.B. 946, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR DIRECT 
PAYMENT OF CERTIFIED SUBSTANCE ABUSE PROFESSIONALS UNDER 
HEALTH INSURANCE POLICIES AND PLANS. 

Referred to Insurance Committee. 

By Senators Lucas, Dannelly, Martin of Guilford and Phillips: 

S.B. 947, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE RULEMAKING 

April 14, 1999 



328 SENATE JOURNAL [Session 

AUTHORITY OF LOCAL BOARDS OF HEALTH. 

Referred to Children & Human Resources Committee. 

By Senators Harris, Albertson, Allran, Carpenter, Carter, Clodfelter, Cochrane, 
Dalton, Dannelly, Foxx, Garrou, Hagan, Horton, Lucas, Martin of Guilford, Martin of Pitt, 
Metcalf, Moore, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson and Weinstein: 

S.B. 948, A BILL TO BE ENTITLED AN ACT TO CONFORM TO FEDERAL 
LAW REGARDING THE TIME PERIOD FOR REFUNDING TAXES. 

Referred to Finance Committee. 

By Senator Harris: 

S.B. 949, A BILL TO BE ENTITLED AN ACT TO DIRECT A LOCAL STUDY OF 
THE FEASIBILITY OF ESTABLISHING A LOCAL FARMERS' MARKET IN THE 
TOWN OF FOUR OAKS IN JOHNSTON COUNTY AND TO APPROPRIATE FUNDS 
FOR THIS STUDY. 

Referred to Appropriations/Base Budget Committee. 

By Senators Perdue, Albertson, Carter, Cooper, Hagan, Harris, Hartsell, Hoyle, Kerr, 
Martin of Guilford, Martin of Pitt, Metcalf, Miller, Plyler, Robinson, Soles, Warren and 
Wellons: 

S.B. 950, A BILL TO BE ENTITLED AN ACT TO PROVIDE HEALTH BENEFITS 
FOR FIREMEN AND RESCUE SQUAD WORKERS AND THEIR ELIGIBLE 
DEPENDENTS WHO DO NOT HAVE ACCESS TO COMPREHENSIVE GROUP 
HEALTH BENEFITS BY ALLOWING VOLUNTARY PARTICIPATION IN THE 
TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL 
PLAN. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator Perdue: 

S.B. 951, A BILL TO BE ENTITLED AN ACT TO PROTECT PATIENTS' RIGHTS 
BY REQUIRING NAME BADGES OR OTHER IDENTIFICATION FOR HEALTH 
CARE PRACTITIONERS. 

Referred to Health Care Committee. 

By Senator Perdue: 

S.B. 952, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE NC/ISRAEL PARTNERSHIP PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Clodfelter, Albertson and Kinnaird: 

S.B. 953, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO 
DISTRIBUTE FUNDS FROM THE WETLANDS RESTORATION FUND AND TO 
CONVEY INTERESTS IN REAL PROPERTY ACQUIRED UNDER THE WETLANDS 
RESTORATION PROGRAM TO FEDERAL AND STATE AGENCIES, LOCAL 
GOVERNMENTS, AND PRIVATE NONPROFIT CONSERVATION 
ORGANIZATIONS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Metcalf: 

S.B. 954, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS 

April 14, 1999 



1999] SENATE JOURNAL 329 

RELATING TO COMMERCIAL VEHICLE HIGHWAY SAFETY. 
Referred to Transportation Committee. 

Pursuant to Senator Basnight's motion to adjourn having prevailed, the Senate 
adjourns at 4:57 P.M. 



FORTY-SIXTH DAY 

Senate Chamber 
Thursday, April 15, 1999 



















The Senate meets pursuant to adjournment and is called to order by The Honorable 
Marc Basnight, President Pro Tempore, who presides in the absence of the Lieutenant 
Governor. 

Prayer is offered by The Reverend William H. Gattis, University United Methodist 
Church, Chapel Hill, North Carolina, as follows: 

"Almighty God, our Father and Eternal Parent, we come to You in earnest prayer that 
You will keep our land under Your divine protection, You will incline our citizens to live 
by the laws of this land, and You will help our people to so cultivate a spirit of goodwill 
that they may learn to live together in peace and without fear. 

"And on this particular day, when the citizens across our land, are required to have 
filed the resources by which we have benefited from living in a free land and under Your 
providence, may we all remember that we have been blessed in order to be a blessing. 

"In a distant place today from this Assembly, in Yugoslavia, Kosovo, where it may 
appear there is no blessing at all, only darkness, strife, and war, grant, Oh God, wisdom to 
the counsel of leaders, bring changed hearts and minds, bring peace and protection to all 
innocent victims, especially the children for whom playfulness is being robbed and 
security and trust are assaulted. 

"We cannot all be of the same mind nor can we think alike, but we pray that You will 
make us one in our loyalty to this great State, one in our love for liberty, and one in our 
search for justice and peace. 

"Deliver us from pride and prejudice, from intolerance, and from every evil way. By 
the might of Your Spirit within us, may we show forth in our lives the fruit of faith and the 
power of our principles, all to the glory of Thy Holy Name. Amen." 

With unanimous consent, the President Pro Tempore grants leaves of absence for 
today to Senator Ballance, Senator Garrou, Senator Hagan, Senator Hoyle, Senator Jordan, 
and Senator Reeves. 

Senator Rand announces the Journal of yesterday, Wednesday, April 14, has been 
examined and is found to be correct. Upon his motion, the Senate dispenses with the 
reading of the Journal and it stands approved as written. 

The President Pro Tempore of the Senate extends courtesies of the floor to Dr. John 
Kenneth Williford, Jr. from Charlotte, North Carolina, who is serving the Senate as Doctor 
of the Day, and to Janice Brewington from Greensboro, North Carolina, who is serving the 
Senate as Nurse of the Day. 

April 15, 1999 



330 SENATE JOURNAL [Session 

Senator Rand offers a motion that the rules be suspended and that Senator Moore be 
allowed to file a bill which met the bill drafting deadline. 

ENROLLED BILL 

The Enrolling Clerk reports the following bill duly ratified, properly enrolled, and 
presented to the Office of the Secretary of State: 

S.B. 269, AN ACT TO AUTHORIZE THE TOWN OF HUNTERSVILLE TO MAKE 
ADDITIONAL VOLUNTARY SATELLITE ANNEXATIONS IF CERTAIN CRITERIA 
ARE MET. 

CHAPTERED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, assigned the 
following Chapter Numbers and presented to the Office of the Secretary of State: 

S.B. 289, AN ACT TO NAME THE NORTH CAROLINA CHILDREN'S VISION 
SCREENING IMPROVEMENT PROGRAM IN HONOR OF KENNETH C. ROYALL, 
JR. (Became law upon approval of the Governor, April 15, 1999-S.L. 1999-22.) 

S.B. 197, AN ACT TO MODIFY THE GENERAL STATUTES TO IMPLEMENT 
CERTAIN RECOMMENDATIONS OF THE GOVERNOR'S TASK FORCE ON 
DOMESTIC VIOLENCE. (Became law upon approval of the Governor, April 15, 1999- 
S.L. 1999-23.) 

S.B. 269, AN ACT TO AUTHORIZE THE TOWN OF HUNTERSVILLLE TO 
MAKE ADDITOINAL VOLUNTARY SATELLITE ANNEXATIONS IF CERTAIN 
CRITERIA ARE MET. (Became law upon ratification, April 15, 1999-S.L. 1999-24.) 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Miller for the Judiciary II Committee: 

S.B. 693, A BILL TO BE ENTITLED AN ACT TO PROVIDE, UPON THE 
MOTION OF A DEFENDANT MADE AFTER ISSUANCE OF SUMMONS, THAT A 
PLAINTIFF IS NOT ALWAYS REQUIRED TO POST A PROSECUTION BOND, 
PROVIDE SECURITY, OR SHOW THE PLAINTIFF IS SUING AS AN INDIGENT 
BUT TO PROVIDE THAT THE PLAINTIFF MAY BE SO REQUIRED BY THE 
CLERK OR JUDGE UPON A SHOWING OF GOOD CAUSE BY THE DEFENDANT, 
with a favorable report. 

S.B. 756, A BILL TO BE ENTITLED AN ACT TO INCREASE MANDATORY 
LIABILITY INSURANCE REQUIREMENTS FOR CERTAIN MOTOR VEHICLES 
AND TO MAKE CONFORMING CHANGES IN CHAPTER 58 OF THE GENERAL 
STATUTES, with a favorable report. 

April 15, 1999 



1999] SENATE JOURNAL 3 3 1 

S.B. 526, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
MODIFICATION AND TERMINATION OF IRREVOCABLE TRUSTS, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1688 is adopted and 
engrossed. 

S.B. 742, A BILL TO BE ENTITLED AN ACT TO MAKE IT UNLAWFUL FOR A 
SCHOOL TEACHER OR ADMINISTRATOR TO ENGAGE IN SEXUAL ACTS WITH 
A STUDENT, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1677 is adopted and 
engrossed. 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 350, A BILL TO BE ENTITLED AN ACT TO AMEND THE CHARTER OF 
THE CITY OF CHARLOTTE WITH RESPECT TO EXECUTION OF DEEDS AND 
THE DISPOSITION OF REAL PROPERTY BY PRIVATE SALE AND/OR SUBJECT 
TO RESTRICTIONS, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1702, which changes 
the title to read S.B. 350 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AMEND THE CHARTER OF THE CITY OF CHARLOTTE WITH RESPECT TO 
EXECUTION OF DEEDS AND THE DISPOSITION OF REAL PROPERTY BY 
PRIVATE SALE OR SUBJECT TO RESTRICTIONS OR BOTH, is adopted and 
engrossed 

S.B. 720, A BILL TO BE ENTITLED AN ACT TO PROVIDE DURHAM COUNTY 
AND THE CITY OF DURHAM WITH ADDITIONAL OPTIONS FOR SERVICE OF 
PROCESS IN ZONING CODE CASES, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2743 is adopted and 
engrossed. 

H.B. 652 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
MODIFY THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE 
ROANOKE ISLAND HISTORICAL ASSOCIATION, with an unfavorable report as to 
Committee Substitute bill, but favorable as to Senate Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Senate Committee Substitute bill 6159 is adopted 
and engrossed. 

By Senator Lucas for the Children & Human Resources Committee: 

S.B. 241, A BILL TO BE ENTITLED AN ACT TO MAKE CORRECTIONS TO 
THE GENERAL STATUTES REGARDING CHILD CARE AND TO REPEAL 
CERTAIN OTHER LAWS PERTAINING TO CHILD CARE PROGRAM 
STANDARDS, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1699, which changes 
the title to read S.B. 241 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES 
REGARDING CHILD CARE, TO REPEAL SECTION 4(B) OF S.L. 1997-506, AND TO 

April 15, 1999 



332 SENATE JOURNAL [Session 

MAKE CHANGES REGARDING THE TRAINING MATERIALS THAT MAY BE 
USED BY CHILD CARE FACILITIES, is adopted and engrossed. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 301 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE EDUCATIONAL REQUIREMENTS FOR AUCTIONEERS, APPRENTICE 
AUCTIONEERS, AND PRINCIPALS IN AN AUCTION FIRM, TO ALLOW THE 
AUCTIONEERS COMMISSION TO ASSESS A CIVIL PENALTY IN CERTAIN 
CIRCUMSTANCES, TO INCREASE FEES, AND TO AUTHORIZE CRIMINAL 
HISTORY CHECKS FOR APPLICANTS FOR AN AUCTIONEER'S LICENSE. 

Referred to Finance Committee. 

H.B. 648 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REVISE 
AND CONSOLIDATE THE CHARTER OF THE TOWN OF BENSON. 
Referred to Finance Committee. 

CALENDAR 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 625, A BILL TO BE ENTITLED AN ACT TO REPEAL AN OBSOLETE 
SECTION OF THE CHARTER OF THE CITY OF DURHAM REGARDING THE 
PRIVILEGE LICENSE TAX YEAR. 

With unanimous consent, upon motion of Senator Kerr, the bill is withdrawn from 
today's Calendar and is re-referred to the Finance Committee. 

S.B. 606 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ESTABLISH TOURISM RESORTS AND TO AUTHORIZE THE ALCOHOLIC 
BEVERAGE CONTROL COMMISSION TO ISSUE PERMITS TO THESE ENTITIES 
AND TO PROHIBIT DISCRIMINATION BY ABC PERMITTEES. 

With unanimous consent, upon motion of Senator Soles, the Committee Substitute bill 
is withdrawn from today's Calendar and is placed on the Calendar for Tuesday, April 20. 

S.B. 607, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE PERMITS TO 
SPORTS CLUBS. 

With unanimous consent, upon motion of Senator Soles, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Tuesday, April 20. 

S.B. 296, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROVISIONS 
REGARDING SUPPLEMENTAL RETIREMENT FUNDS FOR FIREMEN IN THE 
CHARTER OF THE TOWN OF FOREST CITY, as amended by committee. 

The bill, as amended, passes its second (40-0) and third readings and is ordered sent to 
the House of Representatives. 

S.B. 573, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
CHARLOTTE TO ENGAGE IN PUBLIC-PRIVATE PROJECTS OUTSIDE THE 

April 15, 1999 



1999] SENATE JOURNAL 333 

DOWNTOWN AREA. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 626, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DURHAM 
CITY COUNCIL TO DELEGATE TO CITY DEPARTMENTS THE AUTHORITY TO 
APPROVE FIREWORKS DISPLAYS. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 627, A BILL TO BE ENTITLED AN ACT TO PERMIT THE DURHAM CITY 
COUNCIL TO AUTHORIZE DEPUTY AND ASSISTANT CITY MANAGERS TO 
MAKE AND EXECUTE CONTRACTS. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 652, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL 
OFFENSE IN DURHAM COUNTY TO FRAUDULENTLY OBTAIN AMBULANCE 
SERVICES. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 687 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE SUPPLEMENTAL RETIREMENT FUND FOR FULL-TIME PAID 
FIREFIGHTERS IN THE CITY OF HICKORY. 

The Committee Substitute bill passes its second (40-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 719, A BILL TO BE ENTITLED AN ACT ALLOWING THE CITY OF 
DURHAM TO CONSIDER LIMITATIONS ON USES AS REQUESTED IN THE 
DEVELOPMENT PLANS SUBMITTED FOR REZONINGS AND TO MAKE OTHER 
CHANGES REGARDING THE CONSIDERATION OF DEVELOPMENT PLANS. 

The bill passes its second (40-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 347 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REQUIRE HEALTH BENEFIT PLANS TO COVER NONFORMULARY DRUGS AND 
DEVICES WHEN MEDICALLY NECESSARY. 

Senator Forrester offers Amendment No. 1 which is adopted (40-0). 

The Committee Substitute bill, as amended, passes its second (41-0) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 658 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REMOVE THE SUNSET ON THE LAW PROVIDING THAT CERTAIN 
SECONDARY SUPPLIERS OF ELECTRIC SERVICE MAY FURNISH SERVICE 
WITHIN THE CORPORATE LIMITS OF A CITY WITH WRITTEN CONSENT FROM 
THE CITY, ALLOWING THE BOARD OF AN ELECTRIC OR TELEPHONE 
MEMBERSHIP CORPORATION TO VOTE BY PROXY ON DECISIONS TO 
ENCUMBER CORPORATE PROPERTY OR TO DISSOLVE AN ELECTRIC 
MEMBERSHIP CORPORATION, AND MAKING TECHNICAL CHANGES TO THE 
LAW REGARDING MUNICIPAL ELECTRIC SERVICE. 

April 15, 1999 



334 SENATE JOURNAL [Session 

Senator Dalton offers Amendment No. 1 which is adopted (42-0), and changes the title 
to read S.B. 658 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
EXTEND THE SUNSET ON THE LAW PROVIDING THAT CERTAIN SECONDARY 
SUPPLIERS OF ELECTRIC SERVICE MAY FURNISH SERVICE WITHIN THE 
CORPORATE LIMITS OF A CITY WITH WRITTEN CONSENT FROM THE CITY, 
ALLOWING THE BOARD OF AN ELECTRIC OR TELEPHONE MEMBERSHIP 
CORPORATION TO VOTE BY PROXY ON DECISIONS TO ENCUMBER 
CORPORATE PROPERTY OR TO DISSOLVE AN ELECTRIC MEMBERSHIP 
CORPORATION, AND MAKING TECHNICAL CHANGES TO THE LAW 
REGARDING MUNICIPAL ELECTRIC SERVICE. 

The Committee Substitute bill, as amended, passes its second (42-0) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

S.B. 793, A BILL TO BE ENTITLED AN ACT AMENDING THE PSYCHOLOGY 
PRACTICE ACT TO INCLUDE WITHIN THE SCOPE OF PRACTICE THE 
DIAGNOSIS AND TREATMENT OF NEUROPSYCHOLOGICAL ASPECTS OF 
PHYSICAL ILLNESS, ACCIDENT, INJURY, OR DISABILITY AND TO DEFINE 
THE TERM NEUROPSYCHOLOGICAL. 

The bill passes its second (42-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 225 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AMEND THE LAW REGARDING CERTIFICATION AND EMPLOYMENT OF 
ASSISTANT PRINCIPALS, for concurrence in the House Committee Substitute bill. 

The Senate concurs in the House Committee Substitute bill (42-0) and the measure is 
ordered enrolled and sent to the Governor. 

PERSONAL PRIVILEGE 

With unanimous consent, upon motion of Senator Dannelly, the remarks of Senator 
Robinson who rises to a point of personal privilege and Senator Basnight, are spread upon 
the Journal, as follows: 

Senator Robinson: 

"Thank you Mr. President. This past Tuesday, a very dear friend of many of us in this 
Body, Mr. Jamie Clarke, passed away. Jamie was a member of the House in 1977-78 and 
'79 and '80 and then served in this Body as a Senator in 1981. Following that, he served 
six years in the U. S. Congress. I had known Jamie for many years but then I had the 
opportunity to serve on his staff when he gave me the opportunity to be a district aide and 
to represent him in seven western counties, holding town meetings for him once a month 
in all towns in those seven counties. During this time I came to know Jamie very, very 
well. Some things that I remember about Jamie that I'd like to share with you, I became 
convinced that Jamie's definition of doing a good job as a public servant meant that you 
had to consider yourself to be a servant of the people. He lived by that doctrine and he did 
a real good job with this. The only instructions Jamie gave to me in four years working 
for him as a district aide, one time he told me, he said, 'Dan, I'd like to ask you to do two 
things' and I said, 'What are they, Jamie?' He said, 'Number one, don't tell anybody 
you'll do something if you can't do it' and I said, 'I have no problem with that.' He said, 
'The second thing is, don't tell anybody that you'll do something if you can't do it.' Jamie 
lived by that. He expected us to live by that. In Western North Carolina Jamie will long 
be remembered and his legacy will be. He was one of the kindest people I ever 

April 15, 1999 



1999] SENATE JOURNAL 335 

knew. He loved people in general. He devoted his life to service and I thank you for this 
opportunity to bring this up." 

Senator Basnight: 

"He was extremely well liked by everyone who knew him. He was a man who had 
great love for the mountains, its heritage, its people and what it means to all of us in this 
State. He will surely be missed by all of us who knew him." 

REPORTS OF COMMITTEES (Continued) 

By Senator Cooper for the Judiciary I Committee: 

S.B. 426, A BILL TO BE ENTITLED AN ACT TO LIMIT THE RIGHT OF 
SHAREHOLDERS OF SECURITIES DESIGNATED AS NATIONAL MARKET 
SYSTEM SECURITIES TO DISSENT FROM, OR OBTAIN PAYMENT AS A 
RESULT OF, CERTAIN CORPORATE ACTIONS AND TO MAKE OTHER 
CLARIFYING CHANGES TO THE LAW GOVERNING DISSENTERS' RIGHTS, with 
a favorable report. 

S.B. 483, A BILL TO BE ENTITLED AN ACT TO REVISE THE LAW 
GOVERNING THE LIMITATIONS OF SUCCESSORS AND ASSIGNEES OF 
FOREIGN CORPORATIOuNS AND FOREIGN NONPROFIT CORPORATIONS TO 
FILE CAUSES OF ACTION OR PROCEEDINGS, with a favorable report. 

S.B. 170, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A LIMIT ON THE 
TIME A PERSON CAN BE IMPRISONED FOR CIVIL CONTEMPT AND TO RAISE 
THE STANDARD OF PROOF IN PROCEEDINGS FOR CIVIL CONTEMPT, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4658 is adopted and 
engrossed. 

COMMITTEE REFERRAL RECALL 

S.B. 907, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE 
DISSEMINATION OF OBSCENITIES BY COMPUTER TRANSMISSION, TO 
PROHIBIT THE USE OF STATE COMPUTERS TO ACCESS OBSCENITIES, TO 
REGULATE CERTAIN USES OF STATE COMPUTERS, AND TO REQUIRE THE 
INSTALLATION OF APPROPRIATE SOFTWARE ON CERTAIN COMPUTERS 
ACCESSIBLE TO THE PUBLIC OR THE USE OF OTHER APPROPRIATE 
MANAGEMENT SCHEMES TO SHIELD MINORS FROM OBSCENITIES 
TRANSMITTED BY COMPUTER, referred to the Judiciary I Committee on April 14. 

Pursuant to Rule 47(a), Senator Cooper offers a motion that the bill be withdrawn from 
the Judiciary I Committee and re-referred to the Information Technology Committee, 
which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Judiciary I Committee and re-refers the 
measure to the Information Technology Committee. 

REMOVAL OF BILL SPONSORS 

Senator Hoyle and Senator Rand request by letter to the Principal Clerk that their 
names be removed as sponsors on S.B. 1149, A BILL TO BE ENTITLED AN ACT TO 
MODIFY PERMISSIBLE FEES WHICH MAY BE CHARGED IN CONNECTION 

April 15, 1999 



336 SENATE JOURNAL [Session 

WITH HOME LOANS SECURED BY FIRST MORTGAGE OR FIRST DEED OF 
TRUST, TO IMPOSE RESTRICTIONS AND LIMITATIONS ON HIGH COST HOME 
LOANS, TO REVISE THE PERMISSIBLE FEES AND CHARGES ON CERTAIN 
LOANS, AND TO PROHIBIT UNFAIR OR DECEPTIVE PRACTICES BY 
MORTGAGE BROKERS AND LENDERS. 

Upon motion of Senator Rand, seconded by Senator Miller, the Senate adjourns 
subject to introduction of bills, to meet Monday, April 19, at 6:45 P.M. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time, and disposed of, as follows: 

By Senators Dalton, Clodfelter, Horton and Martin of Guilford: 

S.B. 955, A BILL TO BE ENTITLED AN ACT TO RAISE THE AMOUNT IN 
CONTROVERSY THAT DETERMINES THE PROPER DIVISION FOR TRIAL OF 
CIVIL ACTIONS AND TO ALLOW COUNSEL FEES AS PART OF COSTS IN 
CERTAIN CIVIL ACTIONS. 

Referred to Judiciary II Committee. 

By Senator Dalton: 

S.B. 956, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CLASS 2 
MISDEMEANOR TO USE IN TELEPHONIC COMMUNICATIONS WITH ANOTHER 
PERSON ANY WORDS OR LANGUAGE THREATENING THAT PERSON'S 
MINOR CHILD, AND TO MAKE IT A CLASS I MISDEMEANOR TO WILLFULLY 
THREATEN PHYSICAL INJURY TO THE MINOR CHILD OF ANOTHER. 

Referred to Judiciary II Committee. 

By Senators Webster, Carpenter and Shaw of Guilford: 

S.B. 957, A BILL TO BE ENTITLED AN ACT TO ENACT AN OPTIONAL 
SIMPLIFIED INCOME TAX FOR INDIVIDUALS WHO PREFER TO AVOID THE 
BURDEN AND EXPENSE OF CALCULATING STATE INCOME TAXES. 

Referred to Finance Committee. 

By Senators Webster, Carpenter, Cochrane and Shaw of Guilford: 
S.J.R. 958, A JOINT RESOLUTION AUTHORIZING THE REVENUE LAWS 
STUDY COMMITTEE TO STUDY INTERSTATE TAX COOPERATION TO 
ELIMINATE MULTIPLE FILING BY INDIVIDUALS WHO OWE INCOME TAX TO 
MORE THAN ONE STATE. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Webster, Ballantine, Carpenter, Cochrane, Foxx and Shaw of Guilford: 
S.B. 959, A BILL TO BE ENTITLED AN ACT TO EXTEND THE TIME PERIOD 
FOR DEMANDING A REFUND OF AN ILLEGAL TAX. 
Referred to Finance Committee. 

By Senator Soles: 

S.B. 960, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE BOARD OF 
PHARMACY TO ADOPT RULES REGULATING PHARMACIES. 
Referred to Health Care Committee. 

April 15, 1999 



1999] SENATE JOURNAL 337 

By Senator Soles: 

S.B. 961, A BILL TO BE ENTITLED AN ACT TO ENSURE PATIENT ACCESS 
TO QUALITY MANAGED HEALTH CARE. 
Referred to Health Care Committee. 

By Senator Gulley: 

S.B. 962, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE BOARD OF 
TRANSPORTATION TO STUDY AND REPORT ON THE REALIGNMENT OF THE 
HIGHWAY DIVISIONS. 

Referred to Transportation Committee. 

By Senator Gulley: 

S.B. 963, A BILL TO BE ENTITLED AN ACT TO ENHANCE LOCAL 
GOVERNMENT POWERS RELATIVE TO THE ALCOHOL BEVERAGE CONTROL 
LAWS. 

Referred to Judiciary I Committee. 

By Senator Gulley: 

S.B. 964, A BILL TO BE ENTITLED AN ACT TO MODIFY THE STATUTE 
GOVERNING MUNICIPAL PARTICIPATION IN IMPROVEMENTS TO THE STATE 
HIGHWAY SYSTEM. 

Referred to Transportation Committee. 

By Senator Clodfelter: 

S.B. 965, A BILL TO BE ENTITLED AN ACT TO RESTRUCTURE 
METROPOLITAN PLANNING ORGANIZATIONS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Clodfelter: 

S.B. 966, A BILL TO BE ENTITLED AN ACT RELATING TO THE AUTHORITY 
TO ENTER INTO CONTRACTS FOR CONDUCTING MUNICIPAL AND COUNTY 
BUILDING INSPECTIONS. 

Referred to State and Local Government Committee. 

By Senator Clodfelter: 

S.B. 967, A BILL TO BE ENTITLED AN ACT TO PROVIDE PROPERTY TAX 
RELIEF TO LOW-INCOME ELDERLY AND DISABLED HOMEOWNERS. 
Referred to Finance Committee. 

By Senator Shaw of Cumberland: 

S.B. 968, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING THE WAIVER OF COMPETITIVE BIDDING. 
Referred to Commerce Committee. 

By Senator Gulley: 

S.B. 969, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE NORTH 
CAROLINA HEALTH AND WELLNESS TRUST FUND FOR THE PURPOSE OF 
RECEIPT AND DISTRIBUTION OF TWENTY-FIVE PERCENT OF THE TOBACCO 
SETTLEMENT FUNDS IN THE SETTLEMENT RESERVE FUND ESTABLISHED 
UNDER G.S. 143-16.4 TO DEVELOP A COMPREHENSIVE COMMUNITY-BASED 
PLAN AND FUND PROGRAMS AND INITIATIVES FOR IMPROVING THE 
HEALTH AND WELLNESS OF THE PEOPLE OF NORTH CAROLINA WITH A 

April 15, 1999 



338 SENATE JOURNAL [Session 

PRIORITY ON PREVENTING, REDUCING, AND REMEDYING THE HEALTH 
EFFECTS OF TOBACCO USE WITH AN EMPHASIS ON REDUCING YOUTH 
TOBACCO USE. 

Referred to Judiciary I Committee. 

By Senator Wellons: 

S.B. 970, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE TRIANGLE 
COUNTIES TO CREATE A REGIONAL TAX DISTRICT AND LEVY A SALES TAX 
AND A CONVEYANCE TAX WITHIN THE DISTRICT, TO GENERATE FUNDS 
FOR PUBLIC SCHOOL CAPITAL NEEDS AND TRANSPORTATION CAPITAL 
NEEDS. 

Referred to Finance Committee. 

By Senator Wellons: 

S.B. 971, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A SYSTEM OF 
PUBLIC FINANCING OF CAMPAIGNS FOR APPELLATE JUDGES. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Wellons: 

S.B. 972, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
MEET THE NEEDS OF STUDENTS WITH DISABILITIES WHO ATTEND 
COMMUNITY COLLEGES IN THE STATE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Weinstein, Cooper, Forrester, Hoyle, Odom, Rucho and Wellons: 
S.B. 973, A BILL TO BE ENTITLED AN ACT TO REGULATE THE USE OF 
AFTERMARKET PARTS IN THE REPAIR OF MOTOR VEHICLES. 
Referred to Judiciary I Committee. 

By Senator Soles: 

S.B. 974, A BILL TO BE ENTITLED AN ACT REGULATING THE RENTAL OF 
RESIDENTIAL PROPERTY FOR VACATION, LEISURE, OR RECREATION 
PURPOSES. 

Referred to Commerce Committee. 

By Senator Soles: 

S.J.R. 975, A JOINT RESOLUTION PROVIDING FOR THE CONFIRMATION OF 
THE APPOINTMENT OF SAMUEL JAMES ERVIN, IV MADE BY THE GOVERNOR 
TO MEMBERSHIP ON THE NORTH CAROLINA UTILITIES COMMISSION. 

Referred to Commerce Committee. 

By Senator Carter: 

S.B. 976, A BILL TO BE ENTITLED AN ACT REGARDING THE 
COMPUTATION OF DROPOUT RATES FOR THE ABCs PROGRAM. 
Referred to Education/Higher Education Committee. 

By Senators Carter, Garrou, Metcalf and Robinson: 

S.B. 977, A BILL TO BE ENTITLED AN ACT TO ENHANCE THE AUTHORITY 
OF THE SCHOOL IMPROVEMENT TEAM WITH REGARD TO THE SCHOOL 
CALENDAR. 

Referred to Education/Higher Education Committee. 

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1999] SENATE JOURNAL 339 

By Senators Carter, Garrou and Metcalf: 

S.B. 978, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGARDING RETIRING TEACHERS' COMPENSATION FOR ACCUMULATED 
ANNUAL LEAVE. 

Referred to Education/Higher Education Committee. 

By Senator Carter: 

S.B. 979, A BILL TO BE ENTITLED AN ACT TO ENSURE THAT FUNDS PAID 
TO THE STATE IN CONNECTION WITH ENVIRONMENTAL CLEANUPS ARE 
CREDITED AS PROVIDED BY THE APPLICABLE ENVIRONMENTAL LAW. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Carter and Garrou: 

S.B. 980, A BILL TO BE ENTITLED AN ACT TO PERMIT TEACHERS TO TAKE 
PERSONAL LEAVE TIME WITHOUT A SALARY DEDUCTION FOR THE 
SUBSTITUTE TEACHER. 

Referred to Education/Higher Education Committee and upon a favorable report, 

re-referred to the Appropriations/Base Budget Committee. 

■ 

By Senator Carter: 

S.B. 981, A BILL TO BE ENTITLED AN ACT TO PROVIDE A STATEWIDE 
TEACHER SUPPLEMENT TO TEACHERS EMPLOYED BY STATE AGENCIES. 
Referred to Appropriations/Base Budget Committee. 

By Senator Odom: 

S.B. 982, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH 
INSURANCE PLANS AND THE TEACHERS' AND STATE EMPLOYEES' 
COMPREHENSIVE MAJOR MEDICAL PLAN TO PROVIDE COVERAGE FOR 
PATIENT COSTS INCURRED AS A RESULT OF TREATMENT PROVIDED IN A 
CLINICAL TRIAL FOR ALL CANCERS AND FOR LIFE-THREATENING, 
DEGENERATIVE, OR PERMANENTLY DISABLING CONDITIONS. 

Pursuant to*Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator Miller: 

S.B. 983, A BILL TO BE ENTITLED AN ACT TO REPEAL THE EXEMPTION 
FROM THE REQUIREMENT THAT A SANITARY LANDFILL OBTAIN AN 
ENVIRONMENTAL IMPACT STATEMENT FOR THOSE SANITARY LANDFILLS 
OPERATED BY LOCAL GOVERNMENTS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Miller: 

S.B. 984, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS OF 
NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Miller: 

S.B. 985, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Miller: 

S.B. 986, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS OF 

April 15, 1999 



340 SENATE JOURNAL [Session 

NORTH CAROLINA. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Miller: 

S.B. 987, A BILL TO BE ENTITLED AN ACT TO EXTEND THE MORATORIA 
ON THE CONSTRUCTION AND EXPANSION OF SWINE FARMS, TO REQUIRE 
AN ANIMAL WASTE MANAGEMENT PLAN TO CONTAIN A PROVISION 
REGARDING A LAGOON CLOSURE PLAN, TO PROVIDE FOR DEVELOPING AN 
INVENTORY OF INACTIVE SWINE LAGOONS, AND TO ESTABLISH A 
TIMETABLE FOR PROPERLY CLOSING THESE INACTIVE LAGOONS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Miller: 

S.B. 988, A BILL TO BE ENTITLED AN ACT TO REWRITE THE NORTH 
CAROLINA LAW. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Odom and Forrester: 

S.B. 989, A BILL TO BE ENTITLED AN ACT TO IMPLEMENT THE 
RECOMMENDATIONS OF THE GOVERNOR'S DWI TASK FORCE. 
Referred to Judiciary II Committee. 

By Senator Ballance: 

S.B. 990, A BILL TO BE ENTITLED AN ACT TO GRANT ADDITIONAL 
FLEXIBILITY IN THE DEDUCTION OF DUES AND VOLUNTARY 
CONTRIBUTIONS BY STATE EMPLOYEES AND RETIREES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Ballance: 

S.B. 991, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE FAIR AND 
RELIABLE IMPOSITION OF CAPITAL SENTENCES. 
Referred to Judiciary II Committee. 

By Senator Ballance: 

S.B. 992, A BILL TO BE ENTITLED AN ACT TO ALLOW PRISONERS WHO 
SUFFER PERMANENT INJURY OR DEATH TO RECEIVE COMPENSATION 
UNDER THE WORKERS' COMPENSATION ACT BASED ON THE MINIMUM 
WAGE. 

Referred to Judiciary II Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Odom: 

S.B. 993, A BILL TO BE ENTITLED AN ACT TO PERMIT MANAGED CARE 
INSUREDS, ENROLLEES AND HEALTH CARE PROVIDERS TO RECOVER FROM 
COLLATERAL SOURCES. 

Referred to Commerce Committee. 

By Senators Odom and Ballantine: 

S.B. 994, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A TEMPORARY 
LICENSE AS A PROFESSIONAL BONDSMAN OR SURETY BONDSMAN, TO 
CREATE THREE NEW CRIMINAL OFFENSES OF BAIL- JUMPING, TO INCREASE 
THE AMOUNT OF THE SECURITY DEPOSIT THAT A BONDSMAN MUST POST 

April 15, 1999 



1999] SENATE JOURNAL 341 

WITH THE COMMISSIONER OF INSURANCE, AND TO AMEND CERTAIN LAWS 
REGARDING PRETRIAL RELEASE. 
Referred to Judiciary II Committee. 

By Senator Odom: 

S.B. 995, A BILL TO BE ENTITLED AN ACT ESTABLISHING A TESTIMONIAL 
PRIVILEGE FOR POLICE PEER SUPPORT GROUP COUNSELORS. 
Referred to Judiciary II Committee. 

By Senator Odom: 

S.B. 996, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE COUNTIES TO 
ISSUE BONDS TO PURCHASE LAND FOR MULTIPLE USE FOR COUNTY, 
COMMUNITY COLLEGE, AND PUBLIC SCHOOL PURPOSES. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 997, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE THEFT 
OF LAW ENFORCEMENT EQUIPMENT IS FELONY LARCENY. 
Referred to Judiciary II Committee. 

By Senator Odom: 

S.B. 998, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT MEMBERS 
APPOINTED TO THE CANCER CONTROL ADVISORY COMMITTEE FOR INITIAL 
TWO-YEAR TERMS MAY EACH BE REAPPOINTED FOR ONE ADDITIONAL 
FOUR-YEAR TERM. 

Referred to Children & Human Resources Committee. 

By Senators Odom, Allran, Ballantine, Carpenter, Carrington, Cochrane, Dalton, East, 
Forrester, Foxx, Garwood, Harris, Hartsell, Horton, Hoyle, Jordan, Kerr, Lucas, Martin of 
Pitt, Metcalf, Moore, Phillips, Rand, Reeves, Rucho, Shaw of Cumberland, Shaw of 
Guilford, Warren, Weinstein and Wellons: 

S.B. 999, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT ONLY THE 
STATE MAY BRING CERTAIN CIVIL ACTIONS AGAINST FIREARMS OR 
AMMUNITION MARKETERS, MANUFACTURERS, DISTRIBUTORS, DEALERS, 
SELLERS, OR TRADE ASSOCIATIONS. 

Referred to Judiciary II Committee. 

By Senator Odom: 

S.B. 1000, A BILL TO BE ENTITLED AN ACT TO IMPOSE AN ADVANCE 
DISPOSAL FEE UPON MOTOR OIL AT THE POINT OF FIRST SALE AND TO 
ESTABLISH THE USED OIL COLLECTION PROGRAM TO ENCOURAGE THE 
PROPER MANAGEMENT OF USED OIL GENERATED BY PRIVATE CITIZENS 
WHO CHANGE THEIR OWN OIL. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 1001, A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS 
TRAFFICKING IN METHYLENEDIOXYAMPHETAMINE (MDA) OR 
METHYLENEDIOXYMETHAMPHETAMINE(MDMA). 

Referred to Judiciary II Committee. 

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342 SENATE JOURNAL [Session 

By Senators Moore, Allran, Ballantine, Carpenter, Cochrane, East, Forrester, Foxx, 
Garwood, Harris, Hartsell, Horton, Robinson, Rucho, Shaw of Guilford and Webster: 

S.B. 1002, A BILL TO BE ENTITLED AN ACT TO PROVIDE RECIPROCAL 
CONCEALED HANDGUN RIGHTS TO CONCEALED HANDGUN PERMIT 
HOLDERS OF OTHER STATES. 

Referred to Judiciary II Committee. 

By Senators Kinnaird, Horton, Miller and Soles: 

S.B. 1003, A BILL TO BE ENTITLED AN ACT TO AMEND THE STATUTES 
REGULATING THE ABILITY OF GUARDIANS TO MAKE GIFTS FROM 
INCOMPETENT WARDS' ESTATES UNDER CERTAIN CIRCUMSTANCES. 

Referred to Judiciary II Committee. 

By Senator Kinnaird: 

S.B. 1004, A BILL TO BE ENTITLED AN ACT REVISING THE PROCEDURE 
USED BY THE NORTH CAROLINA BOARD FOR LICENSING OF GEOLOGISTS 
TO ADDRESS COMPLAINTS AND INVESTIGATIONS AND AUTHORIZING THE 
BOARD TO ASSESS CIVIL PENALTIES. 

Referred to Finance Committee. 

By Senators Hoyle, Albertson, Allran, Ballantine, Carter, Clodfelter, Forrester, Kerr, 
Lee, Martin of Pitt, Metcalf, Perdue and Plyler: 

S.B. 1005, A BILL TO BE ENTITLED AN ACT TO ESTABLISH CERTAIN 
LIMITATIONS REGARDING POTENTIAL LIABILITY OF NORTH CAROLINA'S 
BUSINESSES ARISING FROM YEAR 2000 PROBLEMS. 

Referred to Judiciary I Committee. 

By Senator Hoyle: 

S.B. 1006, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FEES TO BE 
CHARGED TO PERSONS UNDERGOING SUBSTANCE ABUSE ASSESSMENTS. 
Referred to Finance Committee. 

By Senator Hoyle: 

S.B. 1008, A BILL TO BE ENTITLED AN ACT TO EXTEND THE TIME FOR 
THE NORTH CAROLINA UTILITIES COMMISSION TO ADOPT FINAL RULES 
REGARDING UNIVERSAL SERVICE. 

Referred to Commerce Committee. 

By Senators Hoyle, Ballantine, Dalton, East, Kerr, Lee, Soles and Webster: 

S.B. 1009, A BILL TO BE ENTITLED AN ACT TO PROMOTE THE FREE FLOW 

OF INFORMATION TO THE PEOPLE OF NORTH CAROLINA BY CODIFYING 

THE JOURNALISTS' TESTIMONIAL PRIVILEGE. 
Referred to Judiciary I Committee. 

By Senator Hoyle: 

S.B. 1010, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A STUDY OF 
THE PRACTICE OF INVESTMENT ADVISERS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Cooper: 

S.B. 1011, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT AN 
ENHANCED CRIMINAL PENALTY SHALL BE IMPOSED ON A PERSON WHO 

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1999] SENATE JOURNAL 343 

POSSESSES A BULLET-PROOF VEST WHILE COMMITTING A FELONY. 
Referred to Judiciary I Committee. 

By Senator Cooper: 

S.B. 1012, A BILL TO BE ENTITLED AN ACT TO ALLOW A PRESIDING 
JUDGE IN A COUNTY WITH PROPER VENUE TO EXTEND THE STATUTE OF 
LIMITATIONS IN A MEDICAL MALPRACTICE ACTION THAT WAS 
IMPROPERLY PLEADED UNDER RULE 9 OF THE RULES OF CIVIL PROCEDURE 
AND TO PROVIDE THAT AN INVOLUNTARY DISMISSAL FOR FAILURE TO 
COMPLY WITH RULE 9 IS NOT AN ADJUDICATION ON THE MERITS IN 
MEDICAL MALPRACTICE ACTIONS. 

Referred to Judiciary I Committee. 

By Senators Foxx, Allran, Ballantine, Carpenter, Cochrane, Forrester, Garwood, 
Hartsell, Horton, Martin of Pitt, Moore, Rucho and Webster: 

S.B. 1013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW 
REGARDING THE DISBURSEMENT OF FUNDS TO NON-STATE ENTITIES. 

Referred to State and Local Government Committee. 

By Senators Metcalf, Carter and Foxx: 

S.B. 1014, A BILL TO BE ENTITLED AN ACT TO DIRECT THE DIVISION OF 
ENVIRONMENTAL HEALTH OF THE DEPARTMENT OF ENVIRONMENT AND 
NATURAL RESOURCES TO CONDUCT A STUDY INVOLVING INTERESTED 
PARTIES TO REVIEW AND REVISE THE CURRENT PROCEDURES 
CONCERNING COFFEE POTS AND ICE BUCKETS PROVIDED BY LODGING 
ESTABLISHMENTS IN GUEST ROOMS AND TO SUSPEND CURRENT 
APPLICABLE RULES UNTIL REVISED RULES HAVE BEEN ADOPTED AS 
TEMPORARY RULES. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Metcalf and Carter: 

S.B. 1015, A BILL TO BE ENTITLED AN ACT TO BE KNOWN AS TOBY'S 
LAW; TO IMPROVE THE ABILITY OF THE DIVISION OF SOCIAL SERVICES, 
DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROTECT CHILDREN 
AND YOUTH FROM VIOLENCE PRONE CAREGIVERS. 

Referred to Children & Human Resources Committee. 

By Senators Dalton and Martin of Pitt: 

S.B. 1016, A BILL TO BE ENTITLED AN ACT TO FULLY FUND THE 
TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL 
PLAN. 

Referred to Appropriations/Base Budget Committee. 

By Senator Dalton: 

S.B. 1017, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
IMPLEMENT THE TEACHER CADET PROGRAM IN HIGH SCHOOLS 
THROUGHOUT THE STATE. 

Referred to Appropriations/Base Budget Committee. 

By Senators Dalton and Phillips: 

S.B. 1018, A BILL TO BE ENTITLED AN ACT CONCERNING 

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344 SENATE JOURNAL [Session 

MARRIAGE LAWS. 

Referred to Judiciary II Committee. 

By Senator Dalton: 

S.B. 1019, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE AUTHORITY 
OF LAND SURVEYORS TO ENTER ON LAND. 
Referred to Judiciary II Committee. 

By Senator Dalton: 

S.B. 1020, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
TEACHERS' AND STATE EMPLOYEES' COMPREHENSIVE MAJOR MEDICAL 
PLAN PROVIDES BENEFITS ON A CALENDAR YEAR BASIS, AND TO PROVIDE 
FOR A PRESCRIPTION DRUG CARD BENEFIT. 

Pursuant to Rule 43, the bill is ordered held in the Office of the Principal Clerk 
pending referral to committee. 

By Senator Clodfelter: 

S.B. 1021, A BILL TO BE ENTITLED AN ACT CONCERNING THE 
ADMISSIBILITY INTO EVIDENCE OF PUBLIC OR PRIVATE RECORDS 
MAINTAINED ON PERMANENT, NONERASABLE, MACHINE-READABLE 
MEDIA AND RELATING TO THE MAINTENANCE AND PRESERVATION OF 
PUBLIC RECORDS USING THOSE MEDIA. 

Referred to Judiciary I Committee. 

By Senator Clodfelter: 

S.B. 1022, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
LEGISLATIVE RESEARCH COMMISSION TO CREATE A STUDY COMMITTEE 
TO STUDY STATE AND LOCAL SALES AND USE TAXES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Clodfelter, Cooper, Gulley, Kinnaird, Odom, Rand and Warren: 
S.B. 1023, A BILL TO BE ENTITLED AN ACT TO PROVIDE ADDITIONAL 
AUTHORITY FOR MAGISTRATES WHO ARE LICENSED TO PRACTICE LAW. 
Referred to Judiciary I Committee. 

By Senators Clodfelter and Odom: 

S.B. 1024, A BILL TO BE ENTITLED AN ACT TO IMPROVE THE STATE 
COURT SYSTEM BY CREATING A STATE JUDICIAL COUNCIL AND TO 
APPROPRIATE FUNDS FOR THE EXPENSES OF THE JUDICIAL COUNCIL. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senators Clodfelter, Cooper, Gulley, Odom and Warren: 

S.B. 1025, A BILL TO BE ENTITLED AN ACT TO REORGANIZE THE 
SUPERIOR COURT DIVISION BY EXPANDING THE NUMBER OF JUDICIAL 
DIVISIONS FROM FOUR TO EIGHT, TO ESTABLISH PILOT PROGRAMS FOR 
CONSIDERATION OF THE RECOMMENDATIONS OF THE COMMISSION FOR 
THE FUTURE OF JUSTICE AND THE COURTS IN NORTH CAROLINA 
CONCERNING ORGANIZATION AND MANAGEMENT OF THE TRIAL COURT, 
AND TO APPROPRIATE FUNDS TO A RESERVE FOR IMPLEMENTATION OF 
THOSE PILOT PROGRAMS. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 

April 15, 1999 



1999] SENATE JOURNAL 345 

Appropriations/Base Budget Committee. 

By Senators Clodfelter and Odom: 

S.B. 1026, A BILL TO BE ENTITLED AN ACT TO PROVIDE THE SUPREME 
COURT WITH AUTHORITY TO REVISE THE RULES OF CIVIL AND CRIMINAL 
PROCEDURE AND THE RULES OF EVIDENCE, SUBJECT TO AMENDMENT OR 
VETO BY THE GENERAL ASSEMBLY AND TO APPROPRIATE FUNDS FOR 
ADVISORY COMMITTEES ON THE ADOPTION AND AMENDMENT OF THOSE 
RULES. 

Referred to Judiciary I Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senators Clodfelter, Ballance, Cooper, Kinnaird, Odom, Rand and Warren: 
S.B. 1027, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
ADDITIONAL FAMILY COURT PILOT PROGRAMS. 
Referred to Appropriations/Base Budget Committee. 

By Senator Clodfelter: 

S.B. 1028, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
PROTECTION AND RESTORATION OF VEGETATED RIPARIAN BUFFERS IN 
ORDER TO PREVENT THE POLLUTION OF SURFACE WATERS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator East: 

S.B. 1029, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
EDUCATE THE GENERAL PUBLIC AND TO INCREASE AWARENESS OF 
HEPATITIS C AS A PUBLIC HEALTH THREAT IN NORTH CAROLINA. 

Referred to Appropriations/Base Budget Committee. 

. 

By Senator Reeves: 

S.B. 1030, A BILL TO BE ENTITLED AN ACT TO ALLOW A CREDIT AGAINST 
THE FRANCHISE TAX FOR PROPERTY TAXES PAID ON CONSTRUCTION IN 
PROGRESS. 

Referred to Finance Committee. 

By Senators Reeves and Carter: 

S.J.R. 1031, A JOINT RESOLUTION AUTHORIZING THE LEGISLATIVE 
RESEARCH COMMISSION TO STUDY THE STATE EMPLOYEE 
COMPREHENSIVE COMPENSATION SYSTEM. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Reeves: 

S.B. 1032, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE OFFICE OF THE STATE CONTROLLER. 

Referred to Appropriations/Base Budget Committee. 

By Senator Carpenter: 

S.B. 1033, A BILL TO BE ENTITLED AN ACT TO INCREASE THE STATE 
TORT CLAIM LIMIT. 

Referred to Judiciary I Committee. 

April 15, 1999 



346 SENATE JOURNAL [Session 

By Senators Perdue and Cooper: 

S.J.R. 1034, A JOINT RESOLUTION HONORING THE LIFE AND MEMORY OF 
LISA JAN PARKER. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Perdue: 

S.B. 1035, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE MARINE 
SCIENCES RESEARCH ORGANIZATION PLANNING COMMITTEE. 
Referred to Appropriations/Base Budget Committee. 

By Senator Perdue: 

S.B. 1036, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE LEADERSHIP NORTH CAROLINA PROGRAM. 
Referred to Appropriations/Base Budget Committee. 

By Senator Perdue: 

S.B. 1037, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE RESTORATION AND MAINTENANCE OF THE HISTORIC 1796 CARTERET 
COUNTY COURTHOUSE. 

Referred to Appropriations/Base Budget Committee. 

By Senator Ballantine: 

S.R. 1038, A SENATE RESOLUTION HONORING THE FIFTIETH 
ANNIVERSARY OF THE TOWN OF SURF CITY. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Plyler and Purcell: 

S.B. 1039, A BILL TO BE ENTITLED AN ACT CONCERNING 
RECOMMENDATIONS OF A SPECIAL COMMITTEE APPOINTED BY THE 
BOARD OF COMMUNITY COLLEGES RELATING TO ANSON-UNION 
COMMUNITY COLLEGE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 1040, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
MEMBERS OF A HOSPITAL AUTHORITY BOARD ARE A PUBLIC BODY AND 
HAVE THE RIGHT TO SUE AND BE SUED. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1041, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
LAW PROVIDING PENALTIES FOR VIOLATION OF A DOMESTIC VIOLENCE 
PROTECTIVE ORDER. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1042, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE PUBLIC 
HOSPITALS TO ENGAGE IN INSTALLMENT PURCHASE FINANCING AND TO 
ISSUE REVENUE ANTICIPATION NOTES. 

Referred to Finance Committee. 



April 15, 1999 



1999] SENATE JOURNAL 347 

By Senator Rand: 

S.B. 1043, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS OF THE 
STATE. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 1044, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
CUMBERLAND COUNTY TO PLAN AND DESIGN A SENIOR COMMUNITY 
CENTER. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 1045, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL 
OFFENSE TO INTERFERE WITH EMERGENCY TELEPHONIC 
COMMUNICATIONS. 

Referred to Judiciary I Committee. 

By Senator Phillips: 

S.B. 1046, A BILL TO BE ENTITLED AN ACT TO MAKE EMPLOYEES OF 
STATE LICENSING AND EXAMINING BOARDS MEMBERS OF THE TEACHERS' 
AND STATE EMPLOYEES' RETIREMENT SYSTEM. 

Referred to Pensions & Retirement and Aging Committee and upon a favorable 
report, re-referred to the Appropriations/Base Budget Committee. 

By Senator Albertson: 

S.B. 1047, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 1048, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 1049, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 1050, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 
Referred to Appropriations/Base Budget Committee. 

By Senator Albertson: 

S.B. 1051, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 1052, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 

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348 SENATE JOURNAL [Session 

TO THE ENVIRONMENT OR NATURAL RESOURCES. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 1053, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 
Referred to Rules and Operations of the Senate Committee. 

By Senator Hartsell: 

S.B. 1054, A BILL TO BE ENTITLED AN ACT TO EXPAND PRESENT-USE 
VALUE CLASSIFICATION TO CERTAIN BUSINESS ENTITIES AND TO CLARIFY 
THE OWNERSHIP REQUIREMENTS FOR PRESENT-USE VALUE 
CLASSIFICATION. 

Referred to Finance Committee. 

By Senator Wellons: 

S.B. 1055, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE USE OF A 
COURT REPORTING SERVICE THAT HAS AN INTEREST WHEN A DEPOSITION 
IS TAKEN. 

Referred to Judiciary I Committee. 

By Senator Wellons: 

S.B. 1056, A BILL TO BE ENTITLED AN ACT TO PROVIDE SPACE ON THE 
INCOME TAX RETURN FOR INDIVIDUALS TO MAKE DONATIONS TO 
HABITAT FOR HUMANITY. 

Referred to Finance Committee. 

By Senator Wellons: 

S.B. 1057, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE TOWN OF CLAYTON FOR RESTORATION AND MAINTENANCE OF THE 
AUDITORIUM BUILDING. 

Referred to Appropriations/Base Budget Committee. 

By Senator Clodfelter: 

S.B. 1058, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE STATE 
LICENSING BOARD FOR GENERAL CONTRACTORS TO INCLUDE 
COMPONENTS OF THE STATE BUILDING CODE IN THE EXAMINATION 
OFFERED BY THE BOARD AND GRANTING THE BOARD GREATER 
AUTHORITY WHEN DISCIPLINING LICENSEES WHO VIOLATE THE LAWS 
RELATED TO GENERAL CONTRACTOR LICENSURE. 

Referred to Judiciary I Committee. 

By Senator Clodfelter: 

S.B. 1059, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A LEGISLATIVE 
STUDY COMMISSION TO CONSIDER AUTHORIZING LOCAL GOVERNMENT TO 
ESTABLISH PROGRAMS ALLOWING PROPERTY OWNERS TO TRANSFER 
DEVELOPMENT RIGHTS UNDER PLANNING ORDINANCES FOR THE 
PURPOSES OF HISTORIC PRESERVATION, OPEN SPACE AND WATERSHED 
PROTECTION, AND SUPPORT OF TRANSIT AND TRANSPORTATION 
PLANNING GOALS, AND ALLOWING CREATION OF DEVELOPMENT RIGHTS 
"BANKS" FOR THESE PURPOSES. 

Referred to Rules and Operations of the Senate Committee. 

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1999] SENATE JOURNAL 349 

By Senators Hagan and Kinnaird: 

S.B. 1060, A BILL TO BE ENTITLED AN ACT TO PROVIDE TRUSTEES WITH 
ADDITIONAL AUTHORITY TO SEVER TRUSTS INTO SEPARATE TRUSTS 
CONSISTENT WITH THE BEST INTERESTS OF THE TRUST BENEFICIARIES. 

Referred to Judiciary II Committee. 

By Senator Perdue: 

S.B. 1061, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE GLOBAL TRANSPARK AUTHORITY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Metcalf: 

S.B. 1062, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA SUBSTANCE ABUSE PROFESSIONAL CERTIFICATION BOARD TO 
DEFINE THE TERM CLINICAL SUPERVISOR INTERN AND AMENDING 
CERTIFICATION REQUIREMENTS FOR SUBSTANCE ABUSE PROFESSIONALS. 

Referred to Children & Human Resources Committee. 

By Senator Metcalf: 

S.B. 1063, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A CODE OF 
CAMPAIGN STANDARDS TO BE ENFORCED BY THE STATE BOARD OF 
ELECTIONS. 

Referred to Judiciary I Committee. 

By Senator Hoyle: 

S.B. 1064, A BILL TO BE ENTITLED AN ACT TO ALLOW A STATE TAX 
CREDIT FOR PROVIDING AFFORDABLE HOUSING. 
Referred to Finance Committee. 

By Senator Rand: 

S.B. 1065, A BILL TO BE ENTITLED AN ACT AMENDING THE EVIDENCE 
CODE, CHAPTER 8C OF THE GENERAL STATUTES, TO MAKE ADMISSIBLE 
FOR THE PURPOSES OF IMPEACHMENT EVIDENCE OF A WITNESS' 
CONVICTION OF A CRIME PUNISHABLE BY SIXTY DAYS OF CONFINEMENT 
OR MORE. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1066, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS OF THE 
STATE FOR HEALTH CARE IMPROVEMENT. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Rand: 

S.B. 1067, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR EMERGENCY 
MAGISTRATES AND TO APPROPRIATE FUNDS FOR TWO ADDITIONAL 
MAGISTRATES IN CUMBERLAND COUNTY. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 1068, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE LOCAL LAW 
ENFORCEMENT AGENCIES TO ACCESS THE CRIMINAL INFORMATION 

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350 SENATE JOURNAL [Session 

NETWORK TO RUN CRIMINAL BACKGROUND CHECKS ON VOLUNTEERS FOR 
THE MCGRUFF HOUSES PROGRAM. 
Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1069, A BILL TO BE ENTITLED AN ACT TO CREATE THE OFFENSE OF 
CRIMINAL IMPERSONATION, TO ENHANCE THE PENALTY FOR 
IMPERSONATING A LAW ENFORCEMENT OFFICER OR OTHER PUBLIC 
OFFICERS IN CERTAIN CIRCUMSTANCES, AND TO RAISE THE CRIMINAL 
PENALTY FOR IMPERSONATING EMERGENCY MEDICAL PERSONNEL, LAW 
ENFORCEMENT OFFICERS, AND OTHER PUBLIC OFFICERS. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1070, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE CONSTRUCTION OF A NEW COMMUNITY ARTS CENTER IN BLOWING 
ROCK. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 1071, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE ECKERD WILDERNESS CAMP PROGRAM. 
Referred to Appropriations/Base Budget Committee. 

By Senators Rand and Dannelly: 

S.B. 1072, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE CRIME OF 
IDENTITY THEFT. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1073, A BILL TO BE ENTITLED AN ACT TO INCREASE THE STATE'S 
DISCRETION IN CAPITAL SENTENCING. 
Referred to Judiciary I Committee. 

By Senators Reeves, Ballantine, Clodfelter, Dalton, Foxx, Hartsell, Hoyle and 
Wellons: 

S.B. 1074, A BILL TO BE ENTITLED AN ACT LIMITING LIABILITY FROM 
YEAR 2000 FAILURES BY PROVIDING CERTAIN PARTIES THE RIGHT TO 
ASSERT AN AFFIRMATIVE DEFENSE BASED ON A YEAR 2000 PROBLEM. 

Referred to Judiciary II Committee. 

By Senator Rand: 

S.B. 1075, A BILL TO BE ENTITLED AN ACT REGARDING FUNDING AND 
TRANSPORTATION FOR CHILDREN WITH SPECIAL NEEDS. 
Referred to Education/Higher Education Committee. 

By Senator Cooper: 

S.B. 1076, A BILL TO BE ENTITLED AN ACT TO REPEAL THE PROPERTY 
TAX ON CERTAIN VEHICLES LEASED OR RENTED UNDER A SHORT-TERM 
LEASE OR RENTAL AND TO REPLACE THE TAX REVENUE WITH A LOCAL 
OPTION PRIVILEGE LICENSE TAX ON GROSS RECEIPTS DERIVED FROM 

April 15, 1999 



1999] SENATE JOURNAL 351 

CERTAIN SHORT-TERM CAR RENTALS. 
Referred to Finance Committee. 

By Senators Albertson, Ballance, Carpenter, Dannelly, East, Forrester, Hartsell, 
Jordan, Kinnaird, Martin of Guilford, Metcalf, Shaw of Cumberland, and Webster: 

S.B. 1077, A BILL TO BE ENTITLED AN ACT TO ENHANCE AIR AND WATER 
QUALITY AND PROTECT THE ENVIRONMENT BY ALLOWING ELECTRIC 
CUSTOMERS TO PROVIDE FINANCIAL SUPPORT TO PRODUCERS OF 
RENEWABLE RESOURCE ENERGY. 

Referred to Commerce Committee. 

By Senators Albertson and Metcalf: 

S.B. 1078, A BILL TO BE ENTITLED AN ACT TO INCREASE THE FUNDING 
FOR THE "AG IN THE CLASSROOM" PROGRAM. 
Referred to Appropriations/Base Budget Committee. 

By Senator Albertson: 

S.B. 1079, A BILL TO BE ENTITLED AN ACT TO AMEND LAWS RELATING 
TO THE ENVIRONMENT OR NATURAL RESOURCES. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Albertson: 

S.B. 1080, A BILL TO BE ENTITLED AN ACT TO AMEND THE STRUCTURAL 
PEST CONTROL LAW. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson and Metcalf: 

S.B. 1081, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE 
DEPARTMENT OF TRANSPORTATION TO EXPAND THE USE OF RECYCLED 
MATERIALS IN ROAD MAINTENANCE. 

Referred to Transportation Committee. 

By Senators Albertson and Metcalf: 

S.B. 1082, A BILL TO BE ENTITLED AN ACT TO PROVIDE FUNDS FOR 
AGRICULTURAL RESEARCH BY INCREASING THE ASSESSMENT ON 
FERTILIZER, COMMERCIAL FEED, OR THEIR INGREDIENTS. 

Referred to Finance Committee. 

By Senators Albertson and Metcalf: 

S.B. 1083, A BILL TO BE ENTITLED AN ACT TO AMEND THE 
REGISTRATION REQUIREMENTS FOR DEALERS IN LIQUIFIED PETROLEUM 
GAS AND TO PROVIDE FOR THE TRAINING AND EXAMINATION OF PERSONS 
TRANSPORTING OR DISPENSING LIQUIFIED PETROLEUM GAS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson and Metcalf: 

S.B. 1084, A BILL TO BE ENTITLED AN ACT TO EXTEND THE PILOT 
PROGRAM UNDER WHICH THE DIVISION OF SOIL AND WATER 
CONSERVATION OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL 
RESOURCES CONDUCTS ALL INSPECTIONS OF ANIMAL WASTE 
MANAGEMENT SYSTEMS IN CERTAIN COUNTIES. 

Referred to Agriculture/Environment/Natural Resources Committee. 

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352 SENATE JOURNAL [Session 

By Senators Albertson and Metcalf: 

S.B. 1085, A BILL TO BE ENTITLED AN ACT TO REQUIRE STATE AND 
LOCAL GOVERNMENT AGENCIES THAT ACQUIRE LAND FOR WETLANDS 
MITIGATION TO REIMBURSE THE COUNTY IN WHICH THE LAND IS LOCATED 
FOR ITS LOST TAXES DUE TO THE ACQUISITION. 

Referred to Finance Committee. 

By Senators Carpenter and Phillips: 

S.B. 1086, A BILL TO BE ENTITLED AN ACT PERTAINING TO THE USE OF 
RESTRAINTS AND REPORTING OF DEATHS IN CERTAIN FACILITIES FOR 
PERSONS WITH DISABILITIES, AND IN CHILD CARE FACILITIES, AND TO 
AUTHORIZE THE GOVERNOR'S ADVOCACY COUNCIL FOR PERSONS WITH 
DISABILITIES TO HAVE ACCESS TO INFORMATION ABOUT THESE DEATHS. 

Referred to Health Care Committee. 

By Senator Ballance: 

S.B. 1087, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
UPGRADE AND IMPROVE TRIBAL DAY CARE CENTERS. 
Referred to Appropriations/Base Budget Committee. 

By Senators Cochrane and Horton: 

S.B. 1088, A BILL TO BE ENTITLED AN ACT TO ENCOURAGE THOSE 
ENGAGED IN AGRICULTURAL ACTIVITIES TO VOLUNTARILY COMPLY WITH 
THE REGISTRATION REQUIREMENTS FOR INTERBASIN TRANSFERS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Harris: 

S.B. 1089, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE 
COMMISSIONER OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY 
AND THE GENERAL PUBLIC ON THE STATUS OF HEALTH INSURANCE. 

Referred to Insurance Committee. 

By Senator Harris: 

S.B. 1090, A BILL TO BE ENTITLED AN ACT TO REQUIRE GROUP HEALTH 
BENEFIT PLANS TO PERMIT ENROLLEES TO RECEIVE HEALTH CARE 
SERVICES FROM ANY PROVIDER WILLING TO ACCEPT THE TERMS AND 
CONDITIONS OF THE HEALTH BENEFIT PLAN. 

Referred to Insurance Committee. 

By Senator Purcell: 

S.B. 1091, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT CERTAIN 
CHILDREN BE IMMUNIZED AGAINST HEPATITIS B PRIOR TO ENTERING 
SIXTH GRADE. 

Referred to Health Care Committee. 

By Senator Purcell: 

S.B. 1092, A BILL TO BE ENTITLED AN ACT TO PROHIBIT LOCAL 
GOVERNMENTS FROM RESTRICTING FORESTRY CONDUCTED PURSUANT TO 
AN APPROVED FOREST MANAGEMENT PLAN AND IN COMPLIANCE WITH 
THE FOREST PRACTICE GUIDELINES RELATED TO WATER QUALITY. 

Referred to Agriculture/Environment/Natural Resources Committee. 

April 15, 1999 



1999] SENATE JOURNAL 353 

By Senator Garrou: 

S.B. 1093, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW TO 
ENSURE THAT ALL TEACHERS RECEIVE A DUTY FREE PERIOD EACH DAY. 
Referred to Education/Higher Education Committee. 

By Senators Garrou and Carter: 

S.B. 1094, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
PROVIDE NEWLY CERTIFIED TEACHERS WITH ADDITIONAL WORKDAYS TO 
MEET THE REQUIREMENTS OF CONTINUING CERTIFICATION. 

Referred to Appropriations/Base Budget Committee. 

By Senator Garrou: 

S.B. 1095, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE RENOVATION AND RESTORATION OF THE RICHARD J. REYNOLDS 
AUDITORIUM. 

Referred to Appropriations/Base Budget Committee. 

By Senator Garrou: 

S.B. 1096, A BILL TO BE ENTITLED AN ACT TO MAKE IT A FELONY FOR A 
SCHOOL EMPLOYEE TO POSSESS A FIREARM ON EDUCATIONAL PROPERTY 
AND TO MAKE IT A FELONY FOR A STUDENT OR SCHOOL EMPLOYEE TO 
HAVE A FIREARM AT A CURRICULAR OR EXTRACURRICULAR ACTIVITY 
SPONSORED BY THE SCHOOL. 

Referred to Judiciary II Committee. 

By Senators Webster and Ballantine: 

S.B. 1097, A BILL TO BE ENTITLED AN ACT TO PROVIDE GOVERNMENTAL 
ACCOUNTABILITY AND PROTECTION TO THE TAXPAYERS BY LIMITING 
INCREASES IN THE GENERAL FUND BUDGET, REFORMING THE BUDGET 
PROCESS, ESTABLISHING AN EMERGENCY RESERVE TRUST FUND, AND 
PROHIBITING UNFUNDED STATE MANDATES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Webster: 

S.B. 1098, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT ONLY THE 
STATE MAY BRING CERTAIN CIVIL ACTIONS AGAINST FIREARMS OR 
AMMUNITION MARKETERS, MANUFACTURERS, DISTRIBUTORS, DEALERS, 
SELLERS, OR TRADE ASSOCIATIONS. 

Referred to Judiciary II Committee. 

By Senator Carter: 

S.B. 1099, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE SCHOOL 
IMPROVEMENT TEAMS TO DEVELOP STRATEGIES FOR THE CREATION OF 
ALTERNATIVE LEARNING PROGRAMS WITHIN SCHOOLS. 

Referred to Education/Higher Education Committee. 

By Senator Odom: 

S.B. 1100, A BILL TO BE ENTITLED AN ACT TO EXTEND THE NUMBER OF 
YEARS FOR WHICH A TAXPAYER CAN REQUEST A PROPERTY TAX REFUND 
FOR TAXES IMPOSED AS THE RESULT OF A CLERICAL OR MATHEMATICAL 
ERROR AND TO ALLOW LOCAL UNITS OF GOVERNMENT TO INCREASE THE 

April 15, 1999 



354 SENATE JOURNAL [Session 

ASSESSED VALUE OF PROPERTY FOR THE SAME NUMBER OF YEARS WHEN 
THE VALUE WAS DETERMINED BY ERROR. 
Referred to Finance Committee. 

By Senator Odom: 

S.B. 1101, A BILL TO BE ENTITLED AN ACT TO INCREASE THE MAXIMUM 
AMOUNT OF THE CIVIL PENALTIES THAT MAY BE ASSESSED FOR 
VIOLATIONS OF LAWS THAT PROTECT WATER QUALITY TO CONFORM TO 
FEDERAL LAW. 

Referred to Finance Committee. 

By Senators Kinnaird, Ballance, Dannelly, Lee, Lucas and Martin of Guilford: 
S.B. 1102, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A 
MORATORIUM ON CARRYING OUT THE DEATH PENALTY. 
Referred to Judiciary II Committee. 

By Senators Kinnaird, Albertson, Clodfelter, Dalton, Gulley, Lee, Lucas, Martin of 
Guilford and Phillips: 

S.B. 1103, A BILL TO BE ENTITLED AN ACT TO ELIMINATE ROLLBACK OF 
DEFERRED TAXES WHEN USE VALUE PROPERTY IS TRANSFERRED 
BETWEEN FARMERS, WITHOUT EXTINGUISHING THE LIEN FOR THE 
DEFERRED TAXES. 

Referred to Finance Committee. 

By Senators Kinnaird, Ballance, Clodfelter, Cochrane, Dannelly, Forrester, Hagan, 
Lucas and Martin of Guilford: 

S.B. 1104, A BILL TO BE ENTITLED AN ACT TO INCREASE THE AMOUNT 
ALLOWED FOR SPECIAL ASSISTANCE LONG-TERM CARE RESIDENTS FOR 
PERSONAL NEEDS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler, Albertson, Ballantine, Dalton, Lee, Martin of Pitt, Odom, Perdue, 
Reeves, Rucho and Weinstein: 

S.B. 1105, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE A VOLUNTARY 
ASSESSMENT ON TURF GRADE FERTILIZER AND TO PROVIDE FOR THE 
COLLECTION AND USES OF THIS ASSESSMENT. 

Referred to Finance Committee. 

By Senators Plyler and Purcell: 

S.B. 1106, A BILL TO BE ENTITLED AN ACT TO ASSUME THE 
ADMINISTRATION OF THE ANDREW JACKSON MEMORIAL BY THE 
DEPARTMENT OF CULTURAL RESOURCES. 

Referred to Appropriations/Base Budget Committee. 

By Senators Plyler and Purcell: 

S.R. 1107, A SENATE RESOLUTION HONORING THE ONE HUNDREDTH 
ANNIVERSARY OF THE TOWN OF MOUNT GILEAD. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Harris: 

S.B. 1108, A BILL TO BE ENTITLED AN ACT TO ESTABLISH IN THE 
DEPARTMENT OF ADMINISTRATION THE OFFICE OF CONSUMERS' 

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1999] SENATE JOURNAL 355 

INSURANCE ADVOCATE. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senator Harris: 

S.B. 1109, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
PROVIDE PRESCRIPTION DRUGS TO CERTAIN PERSONS NOT ELIGIBLE FOR 
MEDICAID AND WHO HAVE LIFE-THREATENING MEDICAL CONDITIONS. 

Referred to Insurance Committee and upon a favorable report, re-referred to the 
Appropriations/Base Budget Committee. 

By Senators Rand, Shaw of Cumberland, Soles and Weinstein: 

S.B. 1110, A BILL TO BE ENTITLED AN ACT TO PROVIDE AN INCENTIVE 
FOR BUSINESSES TO FIND COMMERCIAL USES FOR TECHNOLOGY 
DEVELOPED BY CONSTITUENT INSTITUTIONS OF THE UNIVERSITY OF 
NORTH CAROLINA. 

Referred to Finance Committee. 

By Senators Reeves and Ballantine: 

S.B. 1111, A BILL TO BE ENTITLED AN ACT TO CREATE "ONLINE NORTH 
CAROLINA", A STATEWIDE INFORMATION NETWORK TO FACILITATE 
ELECTRONIC GOVERNMENT. 

Referred to Information Technology Committee. 

By Senator Kerr: 

S.B. 1112, A BILL TO BE ENTITLED AN ACT TO PROMOTE ELECTRONIC 
COMMERCE BY REPEALING THE SALES TAX REGISTRATION FEE AND TO 
MAKE OTHER CHANGES TO THE TAX LAWS AND RELATED STATUTES. 

Referred to Finance Committee. 

By Senator Kerr: 

S.B. 1113, A BILL TO BE ENTITLED AN ACT RELATING TO EMPLOYER 
CONTACT WITH MEDICAL CARE PROVIDERS FOR CLAIMS UNDER THE 
WORKERS' COMPENSATION ACT. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Kerr and Hoyle: 

S.B. 1114, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAWS 
CONCERNING UTILITY UNDERGROUNDING. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Kerr: 

S.B. 1115, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR WIDELY 
SHARED PROSPERITY BY AMENDING THE WILLIAM S. LEE QUALITY JOBS 
AND BUSINESS EXPANSION ACT, BY PROVIDING ADDITIONAL TAX 
INCENTIVES FOR VARIOUS BUSINESSES, AND BY MAKING RELATED 
CHANGES. 

Referred to Finance Committee. 
















By Senator Dalton: 

S.B. 1116, A BILL TO BE ENTITLED AN ACT TO RESERVE THE USE OF 
GREEN LIGHT ON CERTAIN VEHICLES TO THE DEPARTMENT OF CRIME 

April 15, 1999 



356 SENATE JOURNAL [Session 

CONTROL AND PUBLIC SAFETY AND THOSE AUTHORIZED BY THE 
DEPARTMENT. 

Referred to Transportation Committee. 

By Senators Carter and Garrou: 

S.B. 1117, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE PAYMENT 
OF THE PARTICIPATION FEE FOR TEACHERS WHO PARTICIPATE A SECOND 
TIME IN THE NATIONAL BOARD FOR PROFESSIONAL TEACHING 
STANDARDS (NBPTS) CERTIFICATION PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

By Senators Carter and Garrou: 

S.B. 1118, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
ESTABLISH A SALARY SCHEDULE FOR ASSISTANT TEACHERS. 
Referred to Rules and Operations of the Senate Committee. 

By Senators Lucas and Kinnaird: 

S.B. 1119, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE LICENSURE 
OF PERFUSIONISTS. 

Referred to Judiciary I Committee and upon a favorable report, re-referred 
to the Finance Committee. 

By Senators Lucas and Kinnaird: 

S.B. 1120, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DURHAM ARTS COUNCIL FOR AN ARTS AND SCIENCE CULTURAL PLAN. 
Referred to Appropriations/Base Budget Committee. 

By Senators Lucas and Kinnaird: 

S.B. 1121, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
SUPPORT THE PROGRAMS OF THE UTERINE FIBROID FOUNDATION. 
Referred to Appropriations/Base Budget Committee. 

By Senator Moore: 

S.B. 1122, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW TO 
ALLOW COUNTIES TO REDUCE COUNTY APPROPRIATIONS AND 
EXPENDITURES FOR AREA MENTAL HEALTH AUTHORITIES FOR FUTURE 
FISCAL YEARS. 

Referred to Health Care Committee. 

By Senator Lee: 

S.B. 1123, A BILL TO BE ENTITLED AN ACT TO CREATE A NORTH 
CAROLINA BLUE RIBBON COMMISSION TO ADDRESS GROWTH, 
INFRASTRUCTURE, AND DEVELOPMENT ISSUES. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Lee and Ballantine: 

S.B. 1124, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS TO 
THE DEPARTMENT OF COMMUNITY COLLEGES FOR A FAMILY LITERACY 
PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

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1999] SENATE JOURNAL 357 

By Senator East: 

S.B. 1125, A BILL TO BE ENTITLED AN ACT TO MODIFY THE 
REQUIREMENT FOR THE USE OF HELMETS BY OPERATORS AND 
PASSENGERS ON MOTORCYCLES AND TO INCREASE THE TAX ON PRIVATE 
MOTORCYCLE REGISTRATIONS THAT IS USED TO PROVIDE FUNDS FOR 
MOTORCYCLE SAFETY PROGRAMS. 

Referred to Judiciary I Committee. 

By Senators Horton, Cochrane and Garrou: 

S.B. 1126, A BILL TO BE ENTITLED AN ACT TO REPEAL THE EXCEPTION 
FOR PENAL BONDS IN THE LAW THAT GOVERNS THE INTEREST ON 
AWARDS IN BREACH OF CONTRACT ACTIONS. 

Referred to Judiciary II Committee. 

By Senator Horton: 

S.B. 1127, A BILL TO BE ENTITLED AN ACT TO CODIFY THE JOINT 
RESOLUTION DEDICATING PROPERTIES AS PART OF THE STATE NATURE 
AND HISTORIC PRESERVE, INCLUDING THE CODIFICATION OF NAME 
CHANGES OF CERTAIN LANDS PREVIOUSLY ACCEPTED INTO THE STATE 
NATURE AND HISTORIC PRESERVE; TO REMOVE CERTAIN LANDS FROM THE 
STATE NATURE AND HISTORIC PRESERVE; TO CODIFY THESE REMOVALS; 
AND TO DELETE CERTAIN LANDS FROM THE STATE PARKS SYSTEM. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Robinson and Metcalf: 

S.B. 1128, A BILL TO BE ENTITLED AN ACT TO AMEND THE 
SEDIMENTATION POLLUTION CONTROL ACT OF 1973. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Jordan: 

S.B. 1129, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT AN 
INCARCERATED DEFENDANT MAY PLEAD GUILTY TO A MISDEMEANOR OR 
INFRACTION BY USE OF TWO-WAY AUDIO AND VIDEO TRANSMISSION. 

Referred to Judiciary II Committee. 

By Senator Jordan: 

S.B. 1130, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR SPEEDIER 
DISPOSITION OF FELONIES AND MISDEMEANORS IN SUPERIOR COURT BY 
ELIMINATING SUPERIOR COURT REVIEW OF INFRACTIONS TRIED IN 
DISTRICT COURT AND TO PROVIDE FOR DIRECT REVIEW BY THE COURT OF 
APPEALS OF PROBATION HEARINGS CONDUCTED IN DISTRICT COURT. 

Referred to Judiciary II Committee. 

By Senators Purcell and Plyler: 

S.B. 1131, A BILL TO BE ENTITLED AN ACT TO POSTPONE FOR ONE YEAR 
THE EFFECTIVE DATE OF CONVERSION OF THE SALES TAX AND GROSS 
RECEIPTS TAX ON PIPED NATURAL GAS INTO AN EXCISE TAX ON PIPED 
NATURAL GAS. 

Referred to Finance Committee. 

By Senator Odom: 

S.B. 1132, A BILL TO BE ENTITLED AN ACT TO MAKE CLARIFYING, 

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358 SENATE JOURNAL [Session 

CONFORMING, AND TECHNICAL CHANGES TO VARIOUS ENVIRONMENTAL 
LAWS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senators Albertson and Perdue: 

S.B. 1133, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A VOLUNTARY 
PROGRAM REGARDING ENVIRONMENTAL EXCELLENCE PROGRAM 
AGREEMENTS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Martin of Guilford, Ballance, Jordan, Lucas and Phillips: 
S.B. 1134, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES LAW PERTAINING TO THE 
MEDICAID STANDARD OF NEED, PAY-AFTER-PERFORMANCE FOR TWO- 
PARENT FAMILIES, TIME LIMITATIONS ON ASSISTANCE, AND OTHER AREAS 
OF WELFARE REFORM. 

Referred to Children & Human Resources Committee. 

By Senators Martin of Guilford, Ballance, Dannelly, Forrester, Jordan, Kinnaird, 
Lucas, Phillips and Purcell: 

S.B. 1135, A BILL TO BE ENTITLED AN ACT TO EXPAND TRANSITIONAL 
MEDICAID BENEFITS FROM TWELVE MONTHS TO TWENTY-FOUR MONTHS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Ballance, Dannelly, Jordan, Kinnaird, Lucas, Phillips 
and Purcell: 

S.B. 1136, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A PILOT 
PROGRAM TO ASSIST FAMILIES AT CERTAIN INCOME LEVELS WITH 
CHILDREN PERFORMING BELOW GRADE LEVEL IN IMPROVING FAMILY 
COHESIVENESS, FUNCTIONING, AND ECONOMIC PROGRESS AND STUDENT 
ACADEMIC SUCCESS. 

Referred to Appropriations/Base Budget Committee. 

By Senators Martin of Guilford, Ballance, Dannelly, Forrester, Kinnaird, Odom, 
Phillips, Purcell, Rand, Shaw of Guilford, Soles, Warren and Wellons: 

S.B. 1137, A BILL TO BE ENTITLED AN ACT TO REQUIRE LICENSEES TO 
DEPOSIT CHECKS AFTER THE CHECKS HAVE BEEN CASHED AND TO 
CLARIFY THE AGGREGATE AMOUNT ALLOWED FOR POSTDATED OR 
DELAYED DEPOSIT CHECKS. 

Referred to Commerce Committee. 

By Senator Kerr: 

S.B. 1138, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT HEALTH 
MAINTENANCE ORGANIZATIONS PAY THE SAME PREMIUM TAX AND 
REGULATORY CHARGE AS MOST OTHER INSURERS AND SELF-INSURERS. 

Referred to Finance Committee. 

By Senators Horton and Albertson: 

S.J.R. 1139, A JOINT RESOLUTION DEDICATING PROPERTIES AS PART OF 
THE STATE NATURE AND HISTORIC PRESERVE. 

Referred to Rules and Operations of the Senate Committee. 

April 15, 1999 



1999] SENATE JOURNAL 359 

By Senators East, Carpenter, Carrington, Cochrane, Forrester and Garwood: 

S.B. 1140, A BILL TO BE ENTITLED AN ACT TO REPEAL THE BAN ON 

BILLBOARDS ON A PORTION OF U.S. HIGHWAY 52 AND NORTH CAROLINA 

HIGHWAY 752 IN SURRY COUNTY. 

Referred to State and Local Government Committee. 

By Senators Foxx, Allran, Ballantine, Carpenter, Carrington, Cochrane, East, 
Forrester, Garwood, Horton and Moore: 

S.B. 1141, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
A PERFORMANCE AUDIT OF THE EXECUTIVE AND LEGISLATIVE BRANCHES 
OF STATE GOVERNMENT. 

Referred to Appropriations/Base Budget Committee. 

By Senator Martin of Guilford: 

S.B. 1142, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE NORTH 
CAROLINA COMMISSION OF INDIAN AFFAIRS AS THE DESIGNATED AGENCY 
TO IMPLEMENT OR OVERSEE CERTAIN PROGRAMS BENEFITING THE 
STATE'S INDIAN POPULATION. 

Referred to Judiciary II Committee. 

By Senators Warren, Carpenter, Carrington, Cochrane, Dalton, Forrester, Garrou, 
Garwood, Harris, Horton, Hoyle, Kerr, Kinnaird, Metcalf, Moore, Rand, Robinson, Soles, 
Weinstein and Wellons: 

S.B. 1143, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
CONTINUITY OF CONTRACTS UNDER THE MONETARY UNION IN MEMBER 
STATES OF THE EUROPEAN UNION. 

Referred to Commerce Committee. 

By Senators Warren, Albertson, Dannelly, Martin of Guilford and Martin of Pitt: 

S.B. 1144, A BILL TO BE ENTITLED AN ACT TO EXEMPT VEHICLES 
DONATED TO A NONPROFIT ORGANIZATION WHEN THE VEHICLE WILL BE 
TRANSFERRED TO ANOTHER PERSON WITHIN NINETY DAYS. 

Referred to Finance Committee. 

. 

By Senator Rand: 

S.B. 1145, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING CERTAIN TYPES OF THREATENING, ANNOYING, OR HARASSING 
COMMUNICATIONS. 

Referred to Judiciary I Committee. 

By Senator Rand: 

S.B. 1146, A BILL TO BE ENTITLED AN ACT TO MAKE IT A CRIMINAL 
OFFENSE TO USE MIRRORS, VIDEO EQUIPMENT, AND OTHER MEANS TO 
SECRETLY VIEW ANOTHER PERSON'S BODY. 

Referred to Judiciary I Committee. 

By Senators Rand and Garrou: 

S.B. 1147, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING STALKING. 

Referred to Judiciary I Committee. 

By Senators Allran, Carpenter, Forrester, Foxx, Garwood, Jordan, Lucas, Moore, 

April 15, 1999 



360 SENATE JOURNAL [Session 

Rand, Reeves, Robinson, Rucho, Shaw of Guilford, Soles, Webster and Weinstein: 

S.B. 1148, A BILL TO BE ENTITLED AN ACT TO DESIGN AND AUTHORIZE A 

NEW STANDARD REGISTRATION PLATE FOR NORTH CAROLINA MOTOR 

VEHICLES. 

Referred to Finance Committee. 

By Senators Cooper: 

S.B. 1149, A BILL TO BE ENTITLED AN ACT TO MODIFY PERMISSIBLE FEES 
WHICH MAY BE CHARGED IN CONNECTION WITH HOME LOANS SECURED 
BY FIRST MORTGAGE OR FIRST DEED OF TRUST, TO IMPOSE RESTRICTIONS 
AND LIMITATIONS ON HIGH COST HOME LOANS, TO REVISE THE 
PERMISSIBLE FEES AND CHARGES ON CERTAIN LOANS, AND TO PROHIBIT 
UNFAIR OR DECEPTIVE PRACTICES BY MORTGAGE BROKERS AND 
LENDERS. 

Referred to Judiciary I Committee. 

By Senator Ballance: 

S.B. 1150, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
DRUG TREATMENT COURT PROGRAM. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Carter and Garrou: 

S.B. 1151, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING TESTING REQUIREMENTS FOR CHARTER SCHOOLS. 
Referred to Education/Higher Education Committee. 

By Senator Clodfelter: 

S.B. 1152, A BILL TO BE ENTITLED AN ACT AUTHORIZING CITIES TO 
DEMOLISH AND REMOVE CERTAIN NONRESIDENTIAL BUILDINGS TO 
ENHANCE ECONOMIC DEVELOPMENT EFFORTS. 

Referred to Finance Committee. 

By Senator Clodfelter: 

S.B. 1153, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT FEDERAL 
CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM 
FUNDS BE USED FOR PUBLIC TRANSPORTATION PURPOSES. 

Referred to Appropriations/Base Budget Committee. 

By Senator Rand: 

S.B. 1154, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING ASSAULT INFLICTING SERIOUS BODILY HARM. 
Referred to Judiciary I Committee. 

By Senators Lee and Dalton: 

S.B. 1155, A BILL TO BE ENTITLED AN ACT DIRECTING THE JOINT 
LEGISLATIVE EDUCATION OVERSIGHT COMMITTEE TO STUDY ISSUES 
PERTAINING TO PUBLIC SCHOOL CENTRAL OFFICE ADMINISTRATORS. 

Referred to Rules and Operations of the Senate Committee. 

By Senator Hagan: 

S.B. 1156, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE EDUCATION OF SPECIAL NEEDS CHILDREN, AND TO ESTABLISH A 

April 15, 1999 



1 999] SENATE JOURNAL 36 1 

STUDY COMMISSION ON SPECIAL NEEDS CHILDREN. 
Referred to Appropriations/Base Budget Committee. 

By Senator Kerr: 

S.B. 1157, A BILL TO BE ENTITLED AN ACT RECLASSIFYING CERTIFIED 
CLINICAL SOCIAL WORKERS AS LICENSED CLINICAL SOCIAL WORKERS 
AND REVISING THE FEES AND QUALIFICATIONS FOR CERTIFICATION AND 
LICENSURE OF SOCIAL WORKERS. 

Referred to Finance Committee. 

• 

By Senator Hartsell: 

S.B. 1158, A BILL TO BE ENTITLED AN ACT PERTAINING TO FOOD 
INSPECTION REQUIREMENTS FOR MASS GATHERINGS. 

Referred to Rules and Operations of the Senate Committee. 

By Senators Plyler, Hartsell, Odom and Purcell: 

S.B. 1159, A BILL TO BE ENTITLED AN ACT TO EXPAND THE 
CIRCUMSTANCES UNDER WHICH THE DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES MAY ALLOW THE USE OF LAND-USE 
RESTRICTIONS TO PROTECT PUBLIC HEALTH AT CONTAMINATED SITES. 

Referred to Agriculture/Environment/Natural Resources Committee. 

By Senator Reeves: 

S.B. 1160, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
REGULATION OF AMUSEMENT DEVICES AND AERIAL TRAMWAYS BY THE 
DEPARTMENT OF LABOR. 

Referred to Finance Committee. 

By Senators Hagan and Warren: 

S.B. 1161, A BILL TO BE ENTITLED AN ACT TO DIRECT THE DEPARTMENT 
OF ENVIRONMENT AND NATURAL RESOURCES TO WORK WITH THE FOOD 
SERVICE INDUSTRY TO IMPROVE THE EQUITY AND EFFECTIVENESS OF 
RULES AND GUIDELINES GOVERNING LOCAL OIL AND GREASE 
PRETREATMENT PROGRAMS. 

Referred to Agriculture/Environment/Natural Resources Committee. 



By Senator Lucas: 

S.B. 1162, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
PERTAINING TO THE SCHOOL HEALTH CURRICULUM. 
Referred to Education/Higher Education Committee. 

By Senator Clodfelter: 

S.B. 1163, A BILL TO BE ENTITLED AN ACT TO REPEAL THE 
REQUIREMENT THAT OWNERS AND OPERATORS OF DRY-CLEANING 
FACILITIES ESTABLISH AND MAINTAIN FINANCIAL RESPONSIBILITY FOR 
LEGAL LIABILITY FOR CONTAMINATION, TO PHASE IN A PRIVILEGE TAX ON 
DRY-CLEANING AND LAUNDRY BUSINESSES BASED ON GROSS RECEIPTS, 
TO PHASE OUT STATE AND LOCAL SALES TAXES ON DRY-CLEANING 
SERVICES, AND TO MAKE OTHER AMENDMENTS TO THE DRY-CLEANING 
SOLVENT CLEANUP ACT OF 1997. 

Referred to Finance Committee. 

April 15, 1999 



362 SENATE JOURNAL [Session 

By Senator Clodfelter: 

S.B. 1164, A BILL TO BE ENTITLED AN ACT TO ESTABLISH 
METROPOLITAN PLANNING BOARDS TO ASSIST THE DEPARTMENT OF 
TRANSPORTATION IN THE DEVELOPMENT OF TRANSPORTATION PLANS 
AND PROGRAMS FOR URBAN AREAS OF THE STATE. 

Referred to Transportation Committee. 

By Senator Purcell: 

S.B. 1165, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE LICENSURE 
OF CLINICAL PHARMACIST PRACTITIONERS. 

Referred to Health Care Committee and upon a favorable report, re-referred to the 
Finance Committee. 

By Senator Odom: 

S.B. 1166, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DEFINITION 
OF AVERAGE WEEKLY WAGES UNDER THE WORKERS' COMPENSATION ACT. 
Referred to Commerce Committee. 

By Senators Carter and Garrou: 

S.B. 1167, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE LOCAL 
BOARDS OF EDUCATION AND THE STATE BOARD OF EDUCATION TO 
EXCUSE CERTAIN SCHOOL DAYS LOST TO INCLEMENT WEATHER. 

Referred to Education/Higher Education Committee. 

Pursuant to Senator Rand's motion to adjourn having prevailed, the Senate adjourns at 
12:17 P.M. 



FORTY-SEVENTH DAY 

Senate Chamber 
Monday, April 19, 1999 



The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Lord, we praise You as the source of all knowledge and wisdom. You know well the 
workings of this Chamber. You know how lonely it can be at the top. Persons in public 
service are surrounded constantly by aides and constituents, and yet they can lead very 
solitary lives. Strong, powerful persons usually suffer in silence. They endure uncertainty 
alone. They acknowledge the darkness only to themselves. 

"Our culture does not readily permit politicians to concede to their vulnerabilities. 
And so we turn our troubled hearts to You, Lord God, for You created us and know us so 
well. 

"We pray for all those Senators who carry beneath the civic veneer of invulnerability, 
great burdens of the spirit. Grant to them, in Your deep, comforting embrace, a respite 
and a release from loneliness, apprehension and sorrow. 'Come unto me all ye that labor 
and are heavy laden, and I will give you rest.' Amen." 

April 19, 1999 



1 999] SENATE JOURNAL 363 

With unanimous consent, the President grants leaves of absence for tonight to Senator 
Ballantine, Senator Hartsell, Senator Hoyle, Senator Jordan and Senator Odom. 

Senator Basnight, President Pro Tempore, announces the Journal of Thursday, 
April 15, has been examined and is found to be correct. Upon his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. David Allen Crews 
from Greensboro, North Carolina, who is serving the Senate as Doctor of the Day. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill duly ratified for presentation to the 
Governor: 

S.B. 225, AN ACT TO AMEND THE LAW REGARDING CERTIFICATION AND 
EMPLOYMENT OF ASSISTANT PRINCIPALS. 

The Enrolling Clerk reports the following resolution duly ratified, properly enrolled, 
and presented to the Office of the Secretary of State: 

S.J.R. 913, A JOINT RESOLUTION INVITING THE HONORABLE BURLEY B. 
MITCHELL, JR., CHIEF JUSTICE OF THE SUPREME COURT, TO ADDRESS A 
JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE. 
(Res. 6) 

CHAPTERED BILL 

The Enrolling Clerk reports the following bill properly enrolled, assigned the 
following Chapter Number, and presented to the Office of the Secretary of State: 

S.B. 51, AN ACT TO AMEND THE LAW GOVERNING HIGHWAY SMALL 
PROJECT BIDDING. (Became law upon approval of the Governor, April 16, 1999 - S.L. 
1999-25.) 

COMMITTEE REFERRAL RECALL 

S.R. 763, A SENATE RESOLUTION COMMENDING ALAMANCE COUNTY ON 
ITS SESQUICENTENNIAL, referred to the Rules and Operations of the Senate 
Committee on April 6. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the Senate resolution be 
withdrawn from the Rules and Operations of the Senate Committee and placed on the 
Calendar for Tuesday, April 20, which motion prevails with unanimous consent. 

The Chair orders the Senate resolution withdrawn from the Rules and Operations of 
the Senate Committee and placed on the Calendar for tomorrow, Tuesday, April 20. 

RESOLUTION FROM ANOTHER STATE 

The following resolution received from another Legislative Body is presented to the 
Senate and is ordered placed on file in the Principal Clerk's Office: 

State of Maine House of Representatives Joint Resolution No. 1388, Memorializing the 

April 19, 1999 



364 SENATE JOURNAL [Session 

United States Senate to ratify the United Nations Convention of the Elimination of all 
forms of discrimination against women. (See Appendix.) 

The hour having arrived pursuant to S.J.R. 913, A JOINT RESOLUTION INVITING 
THE HONORABLE BURLEY B. MITCHELL, JR., CHIEF JUSTICE OF THE 
SUPREME COURT, TO ADDRESS A JOINT SESSION OF THE HOUSE OF 
REPRESENTATIVES AND THE SENATE, the President orders a special message sent 
to the House of Representatives informing that Honorable Body that the Senate stands 
ready to repair to the Hall of the House of Representatives to receive the message of the 
Chief Justice of the Supreme Court of North Carolina. 

APPOINTMENT OF ESCORT COMMITTEE 

The President recognizes Senator Basnight, President Pro Tempore, who announces 
that Senator Martin of Guilford, Chairman; Senator Allran; Senator Clodfelter; Senator 
Cooper; Senator Forrester; Senator Lucas; and Senator Rand are appointed as the 
Committee on the part of the Senate to serve with a like Committee from the House of 
Representatives to greet and escort the Chief Justice of the Supreme Court of North 
Carolina to the Joint Session in the Hall of the House of Representatives. 

The Chair orders a special message sent to the House of Representatives informing 
that Honorable Body of such action. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 913 House of Representatives 

April 19, 1999 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the message that 
pursuant to S.J.R. 913, A JOINT RESOLUTION INVITING THE HONORABLE 
BURLEY B. MITCHELL, JR., CHIEF JUSTICE OF THE SUPREME COURT, TO 
ADDRESS A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE 
SENATE, the Speaker has appointed the following members of the House of 
Representatives to serve with a like committee of the Senate to escort the Chief Justice of 
the Supreme Court, Burley B. Mitchell, Jr., to the Joint Session: 

Representative Baddour, 
Representative Hackney, 
Representative Daughtry, 
Representative Sutton, 
Representative Braswell, 
Representative Boyd-Mclntyre, and 
Representative Easterling 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

April 19, 1999 



1999] SENATE JOURNAL 365 

The following special message is received from the House of Representatives: 

S.J.R. 913 House of Representatives 

April 19, 1999 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the message that 
pursuant to SJ.R. 913, A JOINT RESOLUTION INVITING THE HONORABLE 
BURLEY B. MITCHELL, JR., CHIEF JUSTICE OF THE SUPREME COURT, TO 
ADDRESS A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE 
SENATE, the House stands ready to receive your Honorable Body in Joint Session. 

Respectfully, 
S/Denise Weeks 
Principal Clerk 

The President recognizes Senator Basnight, President Pro Tempore, who offers a 
motion in accordance with S.J.R. 913, that the Senate stand in recess to repair to the Hall 
of the House of Representatives, there to sit in Joint Session, and further, upon dissolution 
of the Joint Session, to reconvene to receive committee reports. 

Pursuant to the motions by Senator Basnight having prevailed, the President declares 
the Senate in recess and the Senate, preceded by its Officers, repairs to the Hall of the 
House of Representatives, there to sit in Joint Session with that Honorable Body to receive 
the address of the Chief Justice of the Supreme Court of North Carolina. 

JOINT SESSION 

The Speaker recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of the members of the Judiciary, who await his pleasure. The 
Speaker directs the Sergeant-at-Arms to escort the members of the Judiciary to the Well of 
the House to be seated. The Senate and House of Representatives stand and receive the 
members of the Judiciary. 

The Speaker extends the courtesies of the gallery to Mrs. Bur ley B. Mitchell, Jr., wife 
of the Chief Justice of the Supreme Court of North Carolina, and all guests. 

The Speaker relinquishes the gavel to The Honorable Dennis A. Wicker, Lieutenant 
Governor and President of the Senate, who presides. 

The President recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of The Honorable Burley B. Mitchell, Jr., Chief Justice of the 
Supreme Court of North Carolina. The President directs the Sergeants-at-Arms of the 
House of Representatives and the Senate to escort the Committees and the Chief Justice to 
the Well of the House. Senator Martin of Guilford presents The Honorable Burley B. 
Mitchell, Jr., Chief Justice of the Supreme Court of North Carolina, to the President of 
Senate. The President presents The Honorable Burley B. Mitchell, Jr. to the General 
Assembly whereupon he delivers his address. 

STATE OF THE JUDICIARY ADDRESS 

"President Wicker, Speaker Black, President Pro Tempore Basnight, Senators and 

April 19, 1999 



366 SENATE JOURNAL [Session 

Representatives of the 1999 General Assembly, distinguished guests, and ladies and 
gentlemen: Thank you for once again inviting me to speak to you about the state of the 
judicial branch of our government. It is always an honor for me to be given the privilege 
of entering this chamber to address a joint session of this great General Assembly. 

"When I. became Chief Justice four years ago, I told you that I wanted to improve 
communications between the Legislative and Judicial branches of government. I promised 
that we would try to be more forthright in anticipating our needs and communicating them 
to you. At that time, we had fallen behind in our constitutional duties, but with your help 
we have made great progress since then. Thanks to you, we are now working together to 
realistically prepare North Carolina's courts for the next millennium. 

"For example, your Justice and Public Safety Subcommittee on Appropriations is 
helping us to develop for the first time a system that we will all have faith in to accurately 
predict our future needs for new court personnel. You have also had the vision to fund an 
independent study, by outside experts, of the long-term computer needs of the courts and 
that study is under way now. 

"Communication between the Legislative and Judicial branches of government, I 
believe, is the best it has been in a long time. To your credit, this is so despite the fact that 
some of you have told me you liked some of my court's decisions last year better than 
others. As always, I thank you for sharing. 

"I am pleased to report to you tonight that the state of the Judiciary is good. I must 
first tell you about the work of my own court, since that is where the greatest progress has 
been made. When I became Chief Justice four years ago, we had been through a long 
period in which more appeals were filed with the Supreme Court than we disposed of each 
year. The Justices of your Supreme Court resolved together to change that embarrassing 
fact, and they have. In every one of the past four years, we have decided more appeals by 
full written opinions than have been filed with the court. We now have no backlog in the 
Supreme Court and are able to set cases for oral arguments immediately after the filing of 
the briefs by the parties. I hope you will forgive me the sin of pride, but I am proud to 
report to you that since your Supreme Court was first formed 180 years ago, it has never 
been more current in its work than it is at this moment. 

"The performance of the North Carolina Court of Appeals has also been extraordinary. 
Last year, 1,640 appeals were filed with that court. During the same period, the twelve 
judges of that court disposed of 1,662 cases for a net reduction in pending appeals. 
Although I once served on the Court of Appeals, I still find it nearly impossible to believe 
that each judge of that court produces more than one hundred and twenty full written 
opinions each year, but somehow they get it done. 

"My duties with the National Conference of Chief Justices keep me pretty well 
informed on such matters, and I have not been able to identify any other state or federal 
appellate court in America where the individual judges write as many opinions as our 
Court of Appeals Judges. I think it is accurate to say that the twelve judges of the North 
Carolina Court of Appeals seated here this evening are the most productive appellate 
judges in America. I commend each of them for their efforts. 

"The picture with regard to our trial courts, the courts of most interest to the ordinary 
citizen, is less encouraging but still good. Twice, you will recall, I have reported since 
becoming Chief Justice, I have halted the rotation of Superior Court judges and sent all of 
them to their home districts to deal with case backlogs. The result each time was that 
almost all of them were able to bring their caseloads into current status, but we are 
beginning to slowly fall behind again in both the Superior and District courts. 

"In the last five years, case filings have increased by approximately 16% in the 
Superior and District courts. Last year, more than 284,000 cases were filed in our 
Superior Courts. Despite this tremendous influx, our Superior Courts were able to dispose 
of about 97% of that number of cases. More than 2.5 million cases were filed in our 

April 19, 1999 



1999] SENATE JOURNAL 367 

District Courts. Our District Courts, as incredible as it seems to me, were able to dispose 
of 99.7% of that number of cases. Our trial courts are struggling but they are holding their 
own. They will not, however, be able to do so much longer without help. 

"In recent years, you have authorized or required the courts to take on many new 
duties in addition to our basic constitutional duty of disposing of litigation brought before 
us in a just and timely manner. As a result, we are now conducting many experimental 
courts and other projects that you have directed. Time permits me only to mention a 
couple of them. 

"The experimental drug treatment courts you authorized in 1995 have been in place for 
over two years. There are five of those courts in operation, and four scheduled to begin by 
the end of the year. The Drug Treatment Court Act of 1995 established these courts as 
experimental projects. The goal was to reduce alcoholism and other drug dependencies 
among offenders, which would also reduce the alcohol and drug-related court workload. 
The program is aimed at achieving this by improving the personal, familial, and societal 
accountability of these people. 

"Substance abuse is one of the major factors, ladies and gentlemen, if not the major 
factor, in most of the social problems facing you here and facing the courts. Substance 
abuse is one of the major forces driving crime today. Study after study has estimated that 
from 50% to 80% of violent crimes, including spouse abuse, are attributable in one way or 
another to alcohol or drug abuse. 

"Early results from your experimental drug treatment courts are very encouraging. 
They have shown that even involuntary treatment programs ordered by our courts can be 
effective in many cases. I am encouraged by the results I have seen. In a short period 
of time, we have achieved some very dramatic results through this program. However, 
drug treatment courts require much more time and energy on the part of our judges and 
other court personnel than ordinary courts. They are what we call "labor intensive." 
Nevertheless, I hope you will see fit to continue to expand these courts. They are a 
success. 

"Like the drug treatment courts, the family courts you recently authorized will be very 
labor intensive. They probably will be more time-consuming and expensive to run than 
ordinary courts. But we are committed to the three family courts you authorized, and we 
are working hard to demonstrate that they will also make the courts more family friendly 
which I believe was your goal. I believe that you are right in concluding that the family 
court concept is an idea whose time has come. We will do our absolute best to make them 
successful. 

"Ladies and gentlemen, your judiciary is doing very well overall. But much must be 
done if this is to continue. 

"Last session, you very generously provided the courts with funding for thirteen new 
District Court judges, one hundred and forty-nine new Deputy Clerks of Court, as well as 
other essential staff. I cannot tell you how much encouragement this has given to our 
local court personnel throughout the State and they are the ones who day in and day out 
make our courts work. I sincerely thank you on their behalf and my own for this much 
needed infusion of personnel. 

"This year we ask for fewer increases in personnel. We will justify those needs in the 
ordinary budget process, beginning in the morning, so I will not spend your time this 
evening going into them in detail. But I feel I must emphasize one pressing need now. 

"Within the past year, I have had to cancel sessions of Superior Court due to the 
unavailability of court reporters. When this happens, judges and other court personnel 
who are ready to work and, we are already being paid, and are left unable to perform their 
duties. Additionally, citizens of the State who have prepared for court are greatly 
inconvenienced. The cost of a court reporter is relatively small compared to the financial 
and human costs involved when we must cancel a session of court. We need more court 

April 19, 1999 



368 SENATE JOURNAL [Session 

reporters immediately, and I urge you to address this one need as a priority matter in the 
General Assembly. 

"The need for better computer technology for the courts continues to be a difficult and 
alarming problem and I have gone over this with you before. I am convinced that the 
single most important resource for improving the operation and management of the court 
system is effective computer technology. 

"The good news is that last session you funded a comprehensive study of our computer 
needs by independent outside experts. That study is underway and it should produce a 
long-term plan that will provide guidance and direction for us. For you and for the Courts, 
the bad news is that it is more than theoretically possible, as I stand here this evening, that 
without additional resources to carry out that plan, our current systems will fail. Many 
elements of the existing equipment, software and communications vehicles are so old and 
outdated that we can not begin to meet the needs of the various user groups across the 
State. 

"For several years, much of the time and energy of the Information Services Division 
of the Administrative Office of the Courts has been consumed with addressing the "Y2K" 
problem. Not being a computer expert, I simply say that the old data and systems we have 
in place were originally designed so that they cannot tell the difference between 1900 and 
2000. Millions of lines of programming had to be checked and changed. I am happy to 
report that our Information Services Division assures us that most of our programs are 
prepared for the new century and that all will be ready by the deadline. There still may be 
some problems on January 1, 2000, but they feel we will be ready. 

"Our Information Services Division has been able, however, to make significant 
progress in other areas of technology while still addressing the Y2K problem. Using 
funds you have given us and a one-time federal appropriation of $4.4 million, it has begun 
the implementation of our new automated magistrate system in several counties. This 
system is the first building block of a cornerstone in a comprehensive criminal information 
management system which will allow us to electronically store criminal case information 
at the earliest point possible. We can then share it electronically throughout the court 
system and with other user organizations. Court personnel will no longer have to re-enter 
the same information time and again and again in the offices of the Clerks of Court, 
District Attorneys and others in the system. 

"If completed, this system will save countless hours each year for our personnel across 
the State. We think this will greatly reduce our future needs for more people, and people 
today are much more expensive to provide than computer programs and equipment. We 
have to have dependable recurring funds to support and manage the system if it is to work. 

"In addition to all of this, our Information Services Division has been forced to create 
and change computer programs to comply with numerous electronic reporting 
requirements placed on them by the Congress and by you. Many of these requirements 
were not accompanied by funding with which to do the work. As head of the Judicial 
Branch of Government, I would be absolutely negligent in my duty to you and to the 
public if I did not tell you that we will not be able to comply with these unfunded 
mandates for long. Time does not permit me to go into all of them, so let me use just one 
as an example tonight. 

"Last year, you passed legislation to implement the recently adopted Victims' Rights 
Amendment to our State Constitution. That legislation required that the State give 
numerous notices to victims and other parties. In many cases our existing systems did not 
provide for storing the information needed to comply with these requirements. The 
Governor's Crime Commission received a one-time federal grant of $1.7 million to build a 
system called "SAVAN" or the "Statewide Automated Victim Assistance and 
Notification" system to carry out these tasks. Let me tell you now clearly SAVAN will 
not work as designed unless it can draw on information from our courts. 

April 19, 1999 



1999] SENATE JOURNAL 369 

"Our Information Services Division is working to try to make SAVAN possible. They 
tell me that modifications to our computer programs for SAVAN-related changes alone 
require 35 person-months of computer programmer time. They have received no funding 
for this task. 

"Other unfunded mandates we have received include, and these are important, they 
bring dollars into North Carolina, requirements for computer software programs to create 
a child support case registry, to create a child support collections and disbursements 
system, to add worthless checks enhancements to our case management system, and to 
create a system for reporting driving while impaired vehicle seizures and stops. All of 
these mandates, every one of them, require extensive work by our already over-extended 
computer staff. Neither our people nor our very old and increasingly inadequate software 
programs and computer hardware can meet these demands for long. 

"Recently, I was alarmed to learn of the inability of the Information Services Division 
to deal with any kind of disaster in our computer operations. Believe me, even though our 
systems are antiquated, if we lost the use of our main computer system due to fire, storm, 
flood, or some human action, the court system would be in extremely serious trouble. So 
would the agencies of State Government who have to draw on that information. We have 
not been able to develop a disaster recovery plan or an alternate "hot site" where we could 
recover. The State Computer Center has such arrangements and the Information Resource 
Management Commission strongly recommends that such provisions be in place, but we 
have not received any funding for this purpose. 

"The implications of this risk and exposure are frightening. I am advised that it could 
take us weeks, or even months, to get our systems working again if we had such a disaster. 
None of our current systems would be available and it would be nearly impossible for the 
courts to carry out their fundamental function of dealing with cases and litigants before 
them. 

"Our court computer systems right now are functioning, but they desperately need 
attention and funding to make them more effective and reliable. I would ask that you 
address this pressing problem with the same sense of urgency that I have felt for the past 
four years. Once the study by outside experts that you have funded, and I hope you will 
have faith, is completed, we will need dependable recurring funding to carry out the long- 
term plan it should produce. 

"Let me turn now to a more general problem of government and offer what I hope is a 
solution to that problem. In fairness, I think it would be unreasonable for us to expect you 
to solve all of the challenges faced by the Judicial Branch. You simply have too much 
work to do in attending to your own duties. So I now want to suggest that you seriously 
consider a change in the basic nature of the relationship between the legislature and the 
judiciary. 

"The report to you two years ago by the Commission on the Future of Justice and the 
Courts included several recommendations worthy of consideration. I remain grateful, as I 
am sure you do, for the hard work of Chairman John Medlin and the Commission. One of 
their recommendations which I urge you to seriously consider and adopt involves the issue 
of what's called 'governance of the courts'. 

"The Commission noted that most of the authority for the administration of the courts 
is presently with you in the legislature. Meanwhile, accountability for the functioning of 
the courts is placed upon us in the judiciary. The Commission was of the opinion that no 
businesses or governmental institution could function well with one group being held to 
answer for the management imposed by another group. Quite simply, the Commission 
recommended that the legislature no longer burden itself with matters relating to the day- 
to-day administration of the courts and that both the responsibility and accountability for 
the functioning of the courts be returned to the Judicial Branch of government. 

"The Commission recommended the creation of a State Judicial Council to function in 

April 19, 1999 



370 SENATE JOURNAL [Session 

a manner similar to that of the Board of Governors of the University of North Carolina 
system. This council would serve as the policy-making body for the courts. It would make 
the plans and establish the procedures most likely to ensure the efficient and fair 
functioning of the courts. The Judicial Council would be responsible for establishing the 
boundaries of the State's judicial divisions and districts and the assignments of judges and 
other personnel within those districts. It also would submit a request for an appropriation 
to you each year based on a proposal for spending the funds appropriated, but the 
legislature would not mandate that funds be spent by specific line items. 

"I understand that this is similar to the way in which you fund the Board of Governors. 
It would seem that this approach would also be justified for the Judicial Branch of 
Government, which our Constitution says must forever be a separate but equal branch. As 
a practical matter, I think it would also relieve you of the headaches of constantly having 
competing local court officials and others attempt to pressure you into becoming involved 
in court squabbles. I urge you to adopt this bold, but certainly not radical, approach. It is 
the approach which has worked well with the federal courts for over 200 years and I think 
it would serve our Legislative Branch, our Judicial Branch, and the general public of this 
State very well. 

"Finally, I hope that you will favorably consider allowing our citizens the opportunity 
to vote on a constitutional amendment changing the method by which we select and retain 
appellate judges. The people have not had an opportunity to vote on this question since 
our Constitution was adopted in 1868, 131 years ago. Any change will not apply to me 
personally. Having been elected six times, I do not intend to test the good nature of the 
voters of the State again when my current term of office ends in six years. But I do 
sincerely believe that the public good would now be best served by a change to some form 
of appointment of our appellate judges with retention elections or nonpartisan elections 
thereafter. 

"Study after study has shown that the public simply is not informed about statewide 
judicial candidates for our appellate courts. The great majority of our citizens never even 
bother to mark their ballots for either candidate in elections for appellate judges or 
justices. This makes it very easy for single issue groups of the right and left, which can 
only be described as extreme, to have an impact on appellate judicial elections far 
disproportionate to their numbers or to the public's acceptance of their views. 

"We currently have excellent judges of both major parties, Republican and Democrat, 
serving in the appellate courts of North Carolina. I sincerely believe though, that all of 
them now face the very real possibility of being removed from office in mid-career solely 
for reasons entirely unrelated to their performance as judges. Further, I regret, and I 
genuinely do regret, that I must point out to you that in 131 years under our current 
system, not a single member of a racial minority and not a single female has ever initially 
risen to serve in the appellate division of our courts by election. It is time for our citizens 
to be given the right to vote on whether to amend our Constitution to adopt a better system 
of selecting and retaining appellate judges based on their ability and performance. Please 
do not deny them that right. 

"Finally, I ask your indulgence for just a minute longer while I close tonight on a very 
personal note. When I dropped out of high school and joined the Marine Corps just before 
I turned sixteen, many people would have doubted that I would ever enter this building. 
For that reason, I felt a particular sense of awe and humility when I first came to this Body 
as a public official in 1969. I tell you I felt an even greater sense of humility tonight when 
I walked onto this historic floor as only the 24th person since North Carolina became a 
State to bear the responsibilities, sometimes heavy responsibilities, of the office of Chief 
Justice of North Carolina. 

"In the thirty years since I first came before you on public business, North Carolina 
has made great progress. Any personal achievements I have made in those years I can 

April 19, 1999 



1 999] SENATE JOURNAL 371 

genuinely say to you have been in large part due to the goodwill and friendship of many of 
you here tonight, both Republicans and Democrats, and I thank you very personally for 
that. Much more importantly, the rise of North Carolina's court system from obscurity to 
national recognition as one of the most progressive and productive court systems in the 
nation has been almost entirely attributable to you and this Body. 

"In the 1960's, this General Assembly took great political risks when it abolished a 
hodgepodge of very provincial local courts and created our unified court system, as it's 
called, and truly became a model for the nation. At every really critical point since that 
time, you have made the promise of that court reform act come true. The Judicial Branch 
of government and the citizens of North Carolina are indebted to you for this. 

"So, no matter how contentious representative democracy may become in this General 
Assembly, I implore you not to give up on each other. I can assure you that I am one 
North Carolinian who will always have faith in you. For the rest of my life, you will have 
my heartfelt thanks for your many personal friendships toward me and for your constant 
devotion to the welfare of our courts and to the people of North Carolina. So in closing, I 
wish each of you the best of legislative sessions and a very good evening. Thank you." 

The General Assembly responds to the address of the Chief Justice with a standing 
ovation. 

The President recognizes the Sergeants-at-Arms and the Committees to escort the 
Chief Justice from the Hall of the House of Representatives. 

Upon motion of Senator Basnight, President Pro Tempore, the Joint Session is 
dissolved. 

The Senate meets pursuant to recess and is called to order by The Honorable Marc 
Basnight, President Pro Tempore. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Cooper for the Judiciary I Committee: 

S.B. 172, A BILL TO BE ENTITLED AN ACT TO MAKE THE POSSESSION OF 
BLUE LIGHTS ILLEGAL, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1 the proposed Committee Substitute bill 4679, which changes the 
title to read S.B. 172 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY WHEN THE POSSESSION OF BLUE LIGHTS IS ILLEGAL, is adopted and 
engrossed. 

S.B. 176, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW RELATING 
TO THE FORFEITURE OF PROPERTY RIGHTS BY SLAYERS, AS 
RECOMMENDED BY THE GENERAL STATUTES COMMISSION, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 8599 is adopted and 
engrossed. 

S.B. 245, A BILL TO BE ENTITLED AN ACT TO ENACT REVISED ARTICLE 5 
OF THE UNIFORM COMMERCIAL CODE AND CONFORMING AND 
MISCELLANEOUS AMENDMENTS TO THE UNIFORM COMMERCIAL CODE, AS 

April 19, 1999 



372 SENATE JOURNAL [Session 

RECOMMENDED BY THE GENERAL STATUTES COMMISSION, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1708 is adopted and 
engrossed. 

S.B. 246, A BILL TO BE ENTITLED AN ACT TO CLARIFY AND REVISE THE 
PROCEDURES GOVERNING APPEALS OR TRANSFERS FROM CLERKS OF 
SUPERIOR COURT TO THE TRIAL COURTS AND TO MAKE CONFORMING AND 
CLARIFYING AMENDMENTS TO OTHER RELATED SECTIONS OF THE 
GENERAL STATUTES, AS RECOMMENDED BY THE GENERAL STATUTES 
COMMISSION, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4678 is adopted and 
engrossed. 

S.B. 601, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT THE 
SECRETARY OF CORRECTION HAS SOLE AUTHORITY TO DESIGNATE THE 
UNIFORMS WORN BY INMATES CONFINED IN THE DIVISION OF PRISONS, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1707 is adopted and 
engrossed. 

S.B. 654, A BILL TO BE ENTITLED AN ACT TO RESTORE THE PRE- 1995 
LAW ON DISPOSAL OF PROPERTY AND LIENS RELATING TO 
MANUFACTURED HOUSING, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1705 is adopted and 
engrossed. 

S.B. 774, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
APPOINTMENT OF MULTIPLE PROXIES OF MEMBERS OF NONPROFIT 
CORPORATIONS BY ELECTRONIC OR TELEPHONIC COMMUNICATION, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4680 is adopted and 
engrossed. 

S.B. 775, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE EXPRESSLY 
THE APPOINTMENT OF MULTIPLE PROXIES BY ELECTRONIC OR 
TELEPHONIC COMMUNICATION, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3781 is adopted and 
engrossed. 

By Senator Miller for the Judiciary II Committee: 

S.B. 767, A BILL TO BE ENTITLED AN ACT TO PROVIDE A ONE-YEAR 
WAITING PERIOD BEFORE FORMER LEGISLATORS MAY BECOME 
LOBBYISTS, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4677 is adopted and 
engrossed. 

April 19, 1999 



1999] SENATE JOURNAL 373 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 365, A BILL TO BE ENTITLED AN ACT TO REPEAL CERTAIN OBSOLETE 
AGRICULTURAL STATUTES, with a favorable report. 

S.B. 777, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE 
REGULATION OF CERTAIN EXCAVATION AND GRADING ACTIVITIES UNDER 
THE SEDIMENTATION POLLUTION CONTROL ACT OF 1973 INSTEAD OF THE 
MINING ACT OF 1971, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3782 is adopted and 
engrossed. 

By Senator Purcell for the Health Care Committee: 

S.B. 348, A BILL TO BE ENTITLED AN ACT TO PROHIBIT THE MISUSE OF 
LASER DEVICES, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 4675 is adopted and 
engrossed. 

By Senator Kinnaird for the State and Local Government Committee: 

S.B. 385, A BILL TO BE ENTITLED AN ACT TO ALLOW THE MOORE 
COUNTY BOARD OF EDUCATION TO PERMIT THE USE OF PUBLIC SCHOOL 
ACTIVITY BUSES TO SERVE THE TRANSPORTATION NEEDS OF THE U. S. 
OPEN GOLF TOURNAMENT, with a favorable report, as amended. 

Pursuant to Rule 45.1, Committee Amendment No. 1 is adopted. The bill, as 
amended, is engrossed. 

Upon motion of Senator Kinnaird, the bill, as amended, is re-referred to the Finance 
Committee. 

Upon motion of Senator Rand, seconded by Senator Miller, the Senate adjourns 
subject to the introduction of bills and reading of messages from the House of 
Representatives, to meet tomorrow, Tuesday, April 20, at 4:00 P.M. 

INTRODUCTION OF A BILL 

Under suspension of the Senate Rules, the following bill which met the bill drafting 
deadline is presented to the Senate, read the first time, and disposed of as follows: 

By Senators Moore, Garwood and Lee: 

S.B. 1168, A BILL TO BE ENTITLED AN ACT TO APPROPRIATE FUNDS FOR 
THE ACCELERATED SCHOOLS PROGRAM. 

Referred to Appropriations/Base Budget Committee. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 

April 19, 1999 



374 SENATE JOURNAL [Session 

disposed of, as follows: 

S.B. 29 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCREASE THE EXAMINATION FEES COLLECTED UNDER THE COSMETIC 
ART ACT, for concurrence in the House Committee Substitute bill, which is placed on the 
Calendar for tomorrow, Tuesday, April 20. 

H.B. 105 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO CREATE 
THE BUTNER ADVISORY COUNCIL, AND TO ALLOW CERTAIN FEES TO BE 
PLACED IN A SPECIAL FUND FOR THE BUTNER PUBLIC SAFETY DIVISION. 

Referred to Finance Committee. 

H.B. 275 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
IMPLEMENT A ZERO UNEMPLOYMENT INSURANCE TAX RATE FOR MORE 
EMPLOYERS WITH POSITIVE EXPERIENCE RATINGS. 

Referred to Finance Committee. 

H.B. 306 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE COMMISSIONER OF INSURANCE TO CONDUCT HEARINGS 
AND ADOPT CERTAIN RULES RELATED TO THE BEACH AND FAIR PLANS, TO 
AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO 
APPROVE ADDITIONAL BEDS FOR CONTINUING CARE RETIREMENT 
FACILITIES UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE LAW 
PROHIBITING DISCRIMINATION IN THE TREATMENT OF HANDICAPPED AND 
DISABLED PERSONS, TO GOVERN MANAGED CARE WITH REGARD TO 
WORKERS' COMPENSATION, TO EXEMPT COMMERCIAL AIRCRAFT 
INSURANCE FROM STATE REGULATION, TO REQUIRE ADDITIONAL 
INFORMATION FROM SURPLUS LINES LICENSEES, TO CLARIFY WHICH 
SECTIONS OF THE GENERAL STATUTES APPLY TO SURPLUS LINES 
INSURANCE, TO AUTHORIZE THE SECRETARY OF REVENUE TO PROVIDE 
THE NORTH CAROLINA SELF-INSURANCE GUARANTY ASSOCIATION WITH 
INFORMATION ON SELF-INSURERS' PREMIUMS, TO REPEAL THE 
REQUIREMENT FOR A BIENNIAL REPORT FROM THE DEPARTMENT OF 
INSURANCE, TO REPEAL THE AGENCY BUSINESS CESSATION LAW, AND TO 
AUTHORIZE THE COMMISSIONER TO ADOPT RULES RECOGNIZING NEW 
ANNUITY MORTALITY TABLES. 

Referred to Insurance Committee. 

H.B. 474 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
REDUCE THE MEMBERSHIP OF THE BERTIE COUNTY ABC BOARD FROM 
FIVE TO THREE MEMBERS AND TO ALLOW THE APPOINTMENT OF A NEW 
BERTIE COUNTY ABC BOARD. 

Referred to State and Local Government Committee. 

H.B. 811, A BILL TO BE ENTITLED AN ACT TO AMEND THE CHARTER OF 
THE CITY OF HAVELOCK TO INCREASE THE TERM OF THE MAYOR FROM 
TWO YEARS TO FOUR YEARS BEGINNING WITH THE REGULAR MUNICIPAL 
ELECTION IN 2001. 

Referred to State and Local Government Committee. 

H.B. 906, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA BOARD OF PHARMACY TO ENTER INTO AGREEMENTS WITH 

April 19, 1999 



1999] SENATE JOURNAL 375 

PHARMACIST PEER REVIEW ORGANIZATIONS FOR IMPAIRED 

PHARMACISTS. 

Referred to Health Care Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
April 15, 1999 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to a Proclamation issued by Governor James B. Hunt, Jr., on April 13, 1999, 
James Arthur Pope has been administered the oath of office as a Member of the House of 
Representatives for the remainder of the 1999 General Assembly. Representative Pope 
has been seated to fill the vacancy created by the resignation of the Honorable Charles B. 
Neely, Jr., from the Sixty-First District. 

Respectfully, 

S/Denise Weeks 

Principal Clerk 

Pursuant to Senator Rand's motion to adjourn having prevailed, the Senate adjourns at 
8:10 P.M. 



FORTY-EIGHTH DAY 

Senate Chamber 
Tuesday, April 20, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Honorable Jeanne Lucas, Senator from Durham County, as 
follows: 

"Father, You told us that we are the children of the light and children of the day. Let 
us be alert and self-controlled by putting on faith and love as our breastplates and the hope 
of salvation as helmets. 

"These little seeds of collective legislature lights of ours, let them shine illuminating 
brightly this State to Your Will, Your glory, and Your honor. Amen." 

Senator Rand announces the Journal of yesterday, Monday, April 19, has been 
examined and is found to be correct. Upon his motion, the Senate dispenses with the 
reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Mary Lisa Abernethy 
from Raleigh, North Carolina, who is serving the Senate as Doctor of the Day, and to 

April 20, 1999 



376 SENATE JOURNAL [Session 

Ethel Hennessee from Fayetteville, North Carolina, who is serving the Senate as Nurse of 
the Day. 

REPORTS OF COMMITTEES 

Bills are reported from standing committees, read by their titles, together with the 
reports accompanying them, and take their place on the Calendar, as follows: 

By Senator Soles for the Commerce Committee: 

S.B. 790, A BILL TO BE ENTITLED AN ACT TO CLARIFY WHICH LENDERS 
MAY CHARGE CERTAIN FEES UNDER THE GENERAL CONTRACT LOAN 
PROVISION OF CHAPTER 24 OF THE GENERAL STATUTES, with a favorable 
report. 

S.B. 796, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE STATE 
LICENSING BOARD FOR GENERAL CONTRACTORS TO OWN REAL PROPERTY 
AND TO PURCHASE EQUIPMENT AND LIABILITY INSURANCE, with a favorable 
report. 

S.B. 871, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING THE OBLIGATION OF DECEDENTS' ESTATES FOR FUNERAL 
EXPENSES AND RELATED EXPENSES, with a favorable report. 

S.B. 939, A BILL TO BE ENTITLED AN ACT TO REVISE THE REQUIREMENTS 
OF BANK DIRECTORS, TO CONFORM CERTAIN NORTH CAROLINA BANKING 
LAWS TO FEDERAL BANKING REGULATIONS, AND TO REMOVE THE SUNSET 
PROVISION WITH REGARD TO DE NOVO INTERSTATE BRANCH BANKING, 
with a favorable report. 

S.B. 660, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
GOVERNING LIMITED LIABILITY COMPANIES TO CLARIFY CERTAIN 
DEFINITIONS OF TERMS, TO PROVIDE MORE FLEXIBILITY WITH REGARD TO 
ORGANIZERS, TO CLARIFY THAT THE FILING OF THE ARTICLES OF 
ORGANIZATION IS CONCLUSIVE EVIDENCE OF THE FORMATION OF A 
COMPANY, TO REVISE THE CIRCUMSTANCES AND RESTRICTIONS 
REGARDING FORMATION OF A COMPANY, TO PROVIDE FOR THE INDEXING 
OF REAL ESTATE RECORDS TO REFLECT MERGERS AND CONVERSIONS OF 
BUSINESS ENTITIES, TO ALLOW ALTERNATIVE MANAGEMENT 
STRUCTURES, TO PROVIDE FOR WITHDRAWAL FROM A COMPANY ONLY AS 
PERMITTED BY THE ARTICLES OF ORGANIZATION OR WRITTEN OPERATING 
AGREEMENT, TO REVISE THE PERMITTED GROUNDS FOR DISSOLUTION, 
AND TO CLARIFY THAT A COMPANY MAY ENGAGE IN A BUSINESS UNDER 
AN ASSUMED NAME, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1706 is adopted and 
engrossed. 

By Senator Miller for the Judiciary II Committee: 

S.B. 921, A BILL TO BE ENTITLED AN ACT TO ALLOW JUDGMENT BY 
DEFAULT TO BE ENTERED BY THE JUDGE WITHOUT A HEARING SUBJECT 

April 20, 1999 



1999] SENATE JOURNAL 377 

TO CERTAIN CONDITIONS, with a favorable report. 

S.B. 1018, A BILL TO BE ENTITLED AN ACT CONCERNING MARRIAGE 
LAWS, with a favorable report. 

S.B. 1019, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE AUTHORITY 
OF LAND SURVEYORS TO ENTER ON LAND, with a favorable report. 

S.B. 109, A BILL TO BE ENTITLED AN ACT TO REQUIRE MORE SPECIFIC 
DISCLOSURE OF LOBBYING, with a favorable report. 

CALENDAR 

Bills on the Calendar carried forward as unfinished business from Monday, April 19, 
are taken up and disposed of, as follows: 

S.B. 350 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE CHARTER OF THE CITY OF CHARLOTTE WITH RESPECT TO EXECUTION 
OF DEEDS AND THE DISPOSITION OF REAL PROPERTY BY PRIVATE SALE OR 
SUBJECT TO RESTRICTIONS OR BOTH. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

S.B. 720 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE DURHAM COUNTY AND THE CITY OF DURHAM WITH ADDITIONAL 
OPTIONS FOR SERVICE OF PROCESS IN ZONING CODE CASES. 

The Committee Substitute bill passes its second and third readings and is ordered sent 
to the House of Representatives. 

S.B. 365, A BILL TO BE ENTITLED AN ACT TO REPEAL CERTAIN OBSOLETE 
AGRICULTURAL STATUTES. 

With unanimous consent, upon motion of Senator Albertson, the bill is taken up out of 
its regular order of business, and upon his further motion, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Wednesday, April 21. 

S.B. 777 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE REGULATION OF CERTAIN EXCAVATION AND GRADING 
ACTIVITIES UNDER THE SEDIMENTATION POLLUTION CONTROL ACT OF 
1973 INSTEAD OF THE MINING ACT OF 1971. 

With unanimous consent, upon motion of Senator Albertson, the Committee Substitute 
bill is taken up out of its regular order of business, and upon his further motion, the 
Committee Substitute bill is withdrawn from today's Calendar and is placed on the 
Calendar for Wednesday, April 2 1 . 

S.B. 170 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ESTABLISH A LIMIT ON THE TIME A PERSON CAN BE IMPRISONED FOR CIVIL 
CONTEMPT AND TO RAISE THE STANDARD OF PROOF IN PROCEEDINGS FOR 
CIVIL CONTEMPT. 

The Committee Substitute bill passes its second (48-1) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 693, A BILL TO BE ENTITLED AN ACT TO PROVIDE, UPON THE 

April 20, 1999 



378 SENATE JOURNAL [Session 

MOTION OF A DEFENDANT MADE AFTER ISSUANCE OF SUMMONS, THAT A 
PLAINTIFF IS NOT ALWAYS REQUIRED TO POST A PROSECUTION BOND, 
PROVIDE SECURITY, OR SHOW THE PLAINTIFF IS SUING AS AN INDIGENT 
BUT TO PROVIDE THAT THE PLAINTIFF MAY BE SO REQUIRED BY THE 
CLERK OR JUDGE UPON A SHOWING OF GOOD CAUSE BY THE DEFENDANT. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

The Chair grants a leave of absence for the remainder of today's Session to Senator 
Kinnaird. 

S.B. 241 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MAKE 
TECHNICAL CORRECTIONS TO THE GENERAL STATUTES REGARDING CHILD 
CARE, TO REPEAL SECTION 4(B) OF S.L. 1997-506, AND TO MAKE CHANGES 
REGARDING THE TRAINING MATERIALS THAT MAY BE USED BY CHILD 
CARE FACILITIES. 

The Committee Substitute bill passes its second reading (40-9). 

Senator Webster objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, April 21. 

S.B. 426, A BILL TO BE ENTITLED AN ACT TO LIMIT THE RIGHT OF 
SHAREHOLDERS OF SECURITIES DESIGNATED AS NATIONAL MARKET 
SYSTEM SECURITIES TO DISSENT FROM, OR OBTAIN PAYMENT AS A 
RESULT OF, CERTAIN CORPORATE ACTIONS AND TO MAKE OTHER 
CLARIFYING CHANGES TO THE LAW GOVERNING DISSENTERS' RIGHTS. 

The bill passes its second (49-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 606 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ESTABLISH TOURISM RESORTS AND TO AUTHORIZE THE ALCOHOLIC 
BEVERAGE CONTROL COMMISSION TO ISSUE PERMITS TO THESE ENTITIES 
AND TO PROHIBIT DISCRIMINATION BY ABC PERMITTEES. 

With unanimous consent, upon motion of Senator Hoyle, the Committee Substitute bill 
is taken up out of its regular order of business and, upon his further motion, the Committee 
Substitute bill is withdrawn from today's Calendar and is re-referred to the Finance 
Committee. 

S.B. 483, A BILL TO BE ENTITLED AN ACT TO REVISE THE LAW 
GOVERNING THE LIMITATIONS OF SUCCESSORS AND ASSIGNEES OF 
FOREIGN CORPORATIONS AND FOREIGN NONPROFIT CORPORATIONS TO 
FILE CAUSES OF ACTION OR PROCEEDINGS. 

The bill passes its second (45-4) and third readings and is ordered sent to the House of 
Representatives. 

The Chair grants a leave of absence for the remainder of today's Session to Senator 
Perdue. 

S.B. 526 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE MODIFICATION AND TERMINATION OF IRREVOCABLE 
TRUSTS. 

The Committee Substitute bill passes its second reading (33-14). 

Senator Kerr objects to third reading of the measure. Pursuant to Rule 50, the 

April 20, 1999 



1999] SENATE JOURNAL 379 

President orders the measure placed on the Calendar for tomorrow, Wednesday, April 21. 

S.R. 763, A SENATE RESOLUTION COMMENDING ALAMANCE COUNTY ON 
ITS SESQUICENTENNIAL. {See Appendix.) 

With unanimous consent, upon motion of Senator Webster, the Senate resolution is 
taken up out of its regular order of business, and upon his further motion, the Senate 
resolution is adopted (46-0). 

The President extends the courtesies of the gallery to Insurance Commissioner Jim 
Long, former Senator from Alamance County. 

S.B. 742 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MAKE IT 
UNLAWFUL FOR A SCHOOL TEACHER OR ADMINISTRATOR TO ENGAGE IN 
SEXUAL ACTS WITH A STUDENT. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 756, A BILL TO BE ENTITLED AN ACT TO INCREASE MANDATORY 
LIABILITY INSURANCE REQUIREMENTS FOR CERTAIN MOTOR VEHICLES 
AND TO MAKE CONFORMING CHANGES IN CHAPTER 58 OF THE GENERAL 
STATUTES. 

With unanimous consent, upon motion of Senator Horton, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Tuesday, April 27. 

H.B. 652 (Senate Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
MODIFY THE MEMBERSHIP OF THE BOARD OF DIRECTORS OF THE 
ROANOKE ISLAND HISTORICAL ASSOCIATION. 

The Senate Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives, for concurrence in the Senate Committee 
Substitute bill. 

S.B. 313, A BILL TO BE ENTITLED AN ACT TO ALLOW MECKLENBURG 
COUNTY TO CONTINUE TO LEVY STORMWATER FEES IF REVENUE BONDS 
HAVE BEEN ISSUED AND ARE OUTSTANDING. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 675, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL 
AMENDMENTS TO AN ACT WHICH REVIVED THE CHARTER OF THE TOWN 
OF UNIONVILLE. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

REPORTS OF COMMITTEES (Continued) 

By Senator Kerr for the Finance Committee: 

S.B. 130, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE SUNSET ON 
USING SAVED EMPLOYER FICA CONTRIBUTIONS TO PAY THE 
ADMINISTRATIVE EXPENSES OF THE FLEXIBLE BENEFITS PROGRAM, with a 
favorable report. 

April 20, 1999 



380 SENATE JOURNAL [Session 

S.B. 56, A BILL TO BE ENTITLED AN ACT TO REPEAL THE SUNSET 
REGARDING THE AUTHORITY OF LOCAL GOVERNMENTAL UNITS TO ENTER 
INTO GUARANTEED ENERGY SAVINGS CONTRACTS FOR LOCAL PUBLIC 
FACILITIES AND TO EXTEND THE CURRENT MAXIMUM DURATION OF 
THESE CONTRACTS, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2641 is adopted and 
engrossed. 

S.B. 314, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF MINERAL SPRINGS, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1711 is adopted and 
engrossed. 

S.B. 484, A BILL TO BE ENTITLED AN ACT CHANGING THE METHOD OF 
CALCULATING THE RATIO OF PROPERTY TAX COLLECTIONS TO THE TOTAL 
LEVY FOR LOCAL GOVERNMENT BUDGETING PURPOSES RELATING TO THE 
REGISTERED MOTOR VEHICLE TAX, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7664 is adopted and 
engrossed. 

S.B. 703, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF HAMPSTEAD SUBJECT TO A REFERENDUM, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6656 is adopted and 
engrossed. 

CALENDAR (Continued) 

S.B. 65 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ENHANCE MOTOR VEHICLE OCCUPANT RESTRAINT SAFETY. 

Senator Purcell offers Amendment No. 1 

The President orders, without objection, the Committee Substitute bill temporarily 
displaced with Amendment No. 1 pending. 

S.B. 172 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY WHEN THE POSSESSION OF BLUE LIGHTS IS ILLEGAL. 

The Committee Substitute bill passes its second (42-3) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 176 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW RELATING TO THE FORFEITURE OF PROPERTY RIGHTS BY 
SLAYERS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 245 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ENACT 
REVISED ARTICLE 5 OF THE UNIFORM COMMERCIAL CODE AND CONFORMING 
AND MISCELLANEOUS AMENDMENTS TO THE UNIFORM COMMERCIAL 
CODE, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION. 



April 20, 1999 



1 999] SENATE JOURNAL 381 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 246 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
CLARIFY AND REVISE THE PROCEDURES GOVERNING APPEALS OR 
TRANSFERS FROM CLERKS OF SUPERIOR COURT TO THE TRIAL COURTS 
AND TO MAKE CONFORMING AND CLARIFYING AMENDMENTS TO OTHER 
RELATED SECTIONS OF THE GENERAL STATUTES, AS RECOMMENDED BY 
THE GENERAL STATUTES COMMISSION. 

Senator Hartsell offers Amendment No. 1 which is adopted (43-0). 

The Committee Substitute bill, as amended, passes its second (45-0) and third readings 
and is ordered engrossed and sent to the House of Representatives. 

The Chair grants a leave of absence for the remainder of today's Session to Senator 
Warren. 

S.B. 348 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROHIBIT THE MISUSE OF LASER DEVICES. 

The Committee Substitute bill passes its second reading (41-5). 

Senator Ballance objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, April 21 . 

S.B. 601 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE THAT THE SECRETARY OF CORRECTION HAS SOLE AUTHORITY TO 
DESIGNATE THE UNIFORMS WORN BY INMATES CONFINED IN THE DIVISION 
OF PRISONS. 

The Committee Substitute bill passes its second (41-5) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 607, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ISSUE PERMITS TO 
SPORTS CLUBS. 

The bill passes its second (28-16) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 654 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
RESTORE THE PRE- 1995 LAW ON DISPOSAL OF PROPERTY AND LIENS 
RELATING TO MANUFACTURED HOUSING. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 767 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE A ONE- YEAR WAITING PERIOD BEFORE FORMER LEGISLATORS 
MAY BECOME LOBBYISTS. 

The Committee Substitute bill passes its second reading (36-10). 

Senator Moore objects to third reading of the measure. Pursuant to Rule 50, the 
President orders the measure placed on the Calendar for tomorrow, Wednesday, April 21. 

S.B. 774 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE APPOINTMENT OF MULTIPLE PROXIES OF MEMBERS OF 
NONPROFIT CORPORATIONS BY ELECTRONIC OR TELEPHONIC 
COMMUNICATION. 



April 20, 1999 



382 SENATE JOURNAL [Session 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 775 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE EXPRESSLY THE APPOINTMENT OF MULTIPLE PROXIES BY 
ELECTRONIC OR TELEPHONIC COMMUNICATION. 

The Committee Substitute bill passes its second (45-1) and third readings and is 
ordered sent to the House of Representatives. 

The Chair grants a leave of absence for the remainder of today's Session to Senator 
Wellons. 

S.B. 65 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
ENHANCE MOTOR VEHICLE OCCUPANT RESTRAINT SAFETY, temporarily 
displaced earlier, with Amendment No. 1 pending. 

Amendment No. 1 offered by Senator Purcell is adopted (44-0). 

Senator Webster offers Amendment No. 2. 

Senator Ballance offers a motion that Amendment No. 2 lie upon the table, seconded 
by Senator Odom. The motion prevails (30-14) and Amendment No. 2 lies upon the table. 
The question before the Body becomes the passage of the Committee Substitute bill, as 
amended. 

Senator Ballantine announces a pair. If Senator Wellons were present he would vote 
"aye"; Senator Ballantine votes "no". 

The Committee Substitute bill, as amended, passes its second (32-11) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

COMMITTEE REFERRAL RECALL 

S.B. 865, A BILL TO BE ENTITLED AN ACT TO CORRECT A PROVISION 
REGARDING TRANSIT AUTHORITY FINANCE, referred to the Rules and 
Operations of the Senate Committee on April 13. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of the Senate 
Committee and re-refers the measure to the Finance Committee. 

S.J.R. 1139, A JOINT RESOLUTION DEDICATING PROPERTIES AS PART OF 
THE STATE NATURE AND HISTORIC PRESERVE, referred to the Rules and 
Operations of the Senate Committee on April 15. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the Senate joint resolution 
be withdrawn from the Rules and Operations of the Senate Committee and re-referred 
to the Agriculture/Environment/Natural Resources Committee, which motion prevails 
with unanimous consent. 

The Chair orders the Senate joint resolution withdrawn from the Rules and 
Operations of the Senate Committee and re-refers the measure to the 
Agriculture/Environment/Natural Resources Committee. 

Upon motion of Senator Basnight, seconded by Senator Reeves, the Senate adjourns at 
6:27 P.M. subject to reading of messages and committee reports, to meet tomorrow, 
Wednesday, April 21, at 4:00 P.M. 



April 20, 1999 



1999] SENATE JOURNAL 383 

FORTY-NINTH DAY 

Senate Chamber 
Wednesday, April 21, 1999 

The Senate meets pursuant to adjournment and is called to order by The Honorable 
Dennis A. Wicker, Lieutenant Governor. 

Prayer is offered by The Reverend Sally Bates, Senate Chaplain, as follows: 

"Tender and merciful God, draw near to us this day in our shock and grief over the 
events in Littleton, Colorado. We are numb with disbelief. We feel helpless to respond in 
any meaningful way to the families who have suffered such profound loss. We shake our 
fists in the face of this horror and we bellow loud and long that this is not fair. 

"These young people did not deserve to die this way. That is true enough, and we are 
comforted by the knowledge that the suffering and tragedy that unexpectedly intrude into 
our lives are not Your divine acts of punishment to Your people. But we are chastened as 
well by the realization that neither are good fortune and good health Your divine rewards 
for a virtuous life. All through our lives it seems that we receive what we do not deserve, 
both for good and for ill. Loss is no more a respecter of persons than good fortune is. The 
suffering we do not deserve is always tempered by the grace we also do not deserve. 

"As the people of Columbine High School confront this tragedy and endure its 
requisite suffering, draw them closer to one another and to You, O Lord. Open their 
hearts to receive Your promised mercy and comfort. Do not let our limited understanding 
of life and death confine our faith. For we cling to Your assurance that nothing in all 
creation will ever be able to separate us from Your love. We make our prayer in Your 
Holy Name, Amen." 

The President extends the privileges of the floor to Donald Kincaid, former Senator 
from Caldwell County. 

Senator Basnight, President Pro Tempore, announces the Journal of yesterday, 
Tuesday, April 20, has been examined and is found to be correct. Upon his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President of the Senate extends courtesies of the floor to Dr. Hubert Durwood 
Tyndall from Goldsboro, North Carolina, who is serving the Senate as Doctor of the Day. 

CALENDAR 

S.B. 703 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCORPORATE THE TOWN OF HAMPSTEAD SUBJECT TO A REFERENDUM, 
upon second reading. 

With unanimous consent, upon motion of Senator Jordan, the Committee Substitute 
bill is withdrawn from today's Calendar and is re-referred to the State and Local 
Government Committee. 

REPORTS OF COMMITTEES 

Bills and a resolution are reported from standing committees, read by their titles, 

April 21, 1999 



384 SENATE JOURNAL [Session 

together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Commerce Committee: 

S.B. 212, A BILL TO BE ENTITLED AN ACT TO AMEND CERTAIN STATUTES 
REGARDING THE NORTH CAROLINA BOARD OF MORTUARY SCIENCE AND 
MUTUAL BURIAL ASSOCIATIONS, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1712 is adopted and 
engrossed. 

S.B. 732, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE NORTH 
CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ASSESS LICENSEES 
CERTAIN COSTS AND LIMITING THE OWNERSHIP OF CHIROPRACTIC 
PRACTICES TO PERSONS LICENSED AS CHIROPRACTORS, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7665 is adopted and 
engrossed. 

By Senator Purcell for the Health Care Committee: 

S.B. 620, A BILL TO BE ENTITLED AN ACT TO ALLOW PROFESSIONAL 
CORPORATIONS TO BE FORMED BETWEEN ANY PHYSICIAN AND CERTAIN 
NURSING SPECIALISTS, SOCIAL WORKERS, AND COUNSELORS, with a 
favorable report. 

S.B. 685, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT TREATMENT 
OR SERVICES RENDERED BY PHYSICIAN ASSISTANTS SHALL BE 
REIMBURSABLE UNDER THE STATE HEALTH PLAN AND OTHER HEALTH 
INSURANCE POLICIES UNDER CERTAIN CIRCUMSTANCES, with a favorable 
report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations/Base Budget 
Committee. 

S.B. 951, A BILL TO BE ENTITLED AN ACT TO PROTECT PATIENTS' RIGHTS 
BY REQUIRING NAME BADGES OR OTHER IDENTIFICATION FOR HEALTH 
CARE PRACTITIONERS, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1715 is adopted and 
engrossed. 

By Senator Phillips for the Pensions & Retirement and Aging Committee: 

S.B. 456, A BILL TO BE ENTITLED AN ACT TO ADJUST THE ELIGIBILITY 
REQUIREMENTS FOR MEMBERS OF THE FIREMEN'S AND RESCUE SQUAD 
WORKERS' PENSION FUND, with a favorable report, as amended. 

Pursuant to Rule 45.1, Committee Amendment No. 1 is adopted and engrossed. 

Upon motion of Senator Phillips, the bill, as amended, is re-referred to the Finance 
Committee. 

S.B. 583, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
April 21, 1999 



1999] SENATE JOURNAL 385 

ESTABLISHING THE CHARLOTTE FIREMEN'S RETIREMENT SYSTEM, with a 
favorable report. 

S.B. 758, A BILL TO BE ENTITLED AN ACT TO ALLOW MEMBERS OF THE 
TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM TO PURCHASE 
CERTAIN PART-TIME SERVICE RENDERED WHILE FULL-TIME STUDENTS, 
with a favorable report. 

By Senator Albertson for the Agriculture/Environment/Natural Resources 
Committee: 

S.B. 247, A BILL TO BE ENTITLED AN ACT TO ENCOURAGE PRESCRIBED 
BURNING FOR FORESTRY AND WILDLIFE PURPOSES UNDER CERTAIN 
CONDITIONS, with a favorable report. 

S.B. 1159, A BILL TO BE ENTITLED AN ACT TO EXPAND THE 
CIRCUMSTANCES UNDER WHICH THE DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES MAY ALLOW THE USE OF LAND-USE 
RESTRICTIONS TO PROTECT PUBLIC HEALTH AT CONTAMINATED SITES, 
with a favorable report. 

S.B. 323, A BILL TO BE ENTITLED AN ACT TO EXTEND WATERFOWL 
HUNTING PRIVILEGES TO HOLDERS OF COMPREHENSIVE HUNTING 
LICENSES, TO INCREASE THE FEE CHARGED FOR MIGRATORY WATERFOWL 
LICENSES, AND TO INCREASE THE APPLICATION FEE FOR MANAGED HUNTS 
FOR MIGRATORY WATERFOWL AND REQUIRE APPLICANTS TO FURNISH 
SATISFACTORY PROOF OF POSSESSION OF THE NECESSARY HUNTING 
LICENSE, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1710 is adopted and 
engrossed. 

Pursuant to Rule 43, the Committee Substitute bill is re-referred to the Finance 
Committee. 

S.B. 872, A BILL TO BE ENTITLED AN ACT TO AMEND THE NATURAL AND 
SCENIC RIVERS ACT OF 1971 TO REMOVE THE LIMIT ON THE AMOUNT OF 
ACREAGE THE STATE MAY ACQUIRE FOR INCLUSION IN THE NEW RIVER 
STATE PARK, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 6657, which changes 
the title to read S.B. 872 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO AMEND THE NATURAL AND SCENIC RIVERS ACT OF 1971 TO REMOVE 
THE LIMIT ON THE AMOUNT OF ACREAGE THE STATE MAY ACQUIRE FOR 
INCLUSION IN THE NEW. RIVER SCENIC RIVER AREA OF THE NORTH 
CAROLINA NATURAL AND SCENIC RIVERS SYSTEM, is adopted and engrossed. 



By Senator Kinnaird for the State and Local Government Committee: 






S.B. 701, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CITY OF 
DURHAM TO PROHIBIT DISCRIMINATION IN EMPLOYMENT, PUBLIC 
ACCOMMODATIONS, AND HOUSING BASED ON CRITERIA IN ADDITION TO 
RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, AND AGE, 

April 21, 1999 



386 SENATE JOURNAL [Session 

AND TO PRESCRIBE THE PROCEDURE FOR THE ADOPTION OF ANY SUCH 
ORDINANCE, with a favorable report. 

S.B. 702, A BILL TO BE ENTITLED AN ACT TO ALLOW RESTORATION OF 
ZONING AUTHORITY OF THE TOWN OF MATTHEWS AS TO CERTAIN 
PROPERTY IF MECKLENBURG COUNTY DISPOSES OF IT, with a favorable report. 

S.B. 705, A BILL TO BE ENTITLED AN ACT TO ASSIST THE JOHNSTON 
COUNTY BOARD OF EDUCATION WITH THE EXPEDITING OF PUBLIC SCHOOL 
FACILITIES, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 2747 is adopted and 
engrossed. 

By Senator Shaw of Cumberland for the Transportation Committee: 

' S.B. 787, A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DEPARTMENT 
OF TRANSPORTATION TO STUDY THE NEED FOR RECONSTRUCTING 
OVERPASSES TO REDUCE OR ELIMINATE THE POSSIBILITY OF THROWING 
OBJECTS FROM THEM, with a favorable report. 

S.B. 368, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE 
DEPARTMENT OF TRANSPORTATION TO CONSTRUCT ACCESS TO RIVERS 
AND STREAMS WHEN BUILDING BRIDGES, with a favorable report, as amended. 

Pursuant to Rule 45.1, Committee Amendment No. 1, which changes the title to read 
S.B. 368, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DEPARTMENT 
OF TRANSPORTATION TO CONSTRUCT ACCESS TO RIVERS AND STREAMS, is 
adopted and engrossed. 

By Senator Hoyle for the Finance Committee: 

S.B. 290, A BILL TO BE ENTITLED AN ACT TO AMEND THE LOBBYING 
LAW, with a favorable report. 

S.B. 385, A BILL TO BE ENTITLED AN ACT TO ALLOW THE MOORE 
COUNTY BOARD OF EDUCATION TO PERMIT THE USE OF PUBLIC SCHOOL 
ACTIVITY BUSES TO SERVE THE TRANSPORTATION NEEDS OF THE U. S. 
OPEN GOLF TOURNAMENT, with a favorable report. 

S.B. 625, A BILL TO BE ENTITLED AN ACT TO REPEAL AN OBSOLETE 
SECTION OF THE CHARTER OF THE CITY OF DURHAM REGARDING THE 
PRIVILEGE LICENSE TAX YEAR, with a favorable report. 

S.B. 645, A BILL TO BE ENTITLED AN ACT ADDING CERTAIN DESCRIBED 
PROPERTY TO THE CORPORATE LIMITS OF THE TOWN OF PARMELE, with a 
favorable report. 

S.B. 694, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF RIMERTOWN SUBJECT TO A REFERENDUM, with a favorable report. 

S.B. 772, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE CREATION 
April 21, 1999 



1999] SENATE JOURNAL 387 

OF MUNICIPAL SERVICE DISTRICTS IN CERTAIN CITIES FOR URBAN AREA 
REVITALIZATION PROJECTS, with a favorable report. 

S.B. 776, A BILL TO BE ENTITLED AN ACT TO REMOVE THE SUNSET ON 
THE LAW EXEMPTING CERTAIN GOVERNMENTAL ENTITIES FROM STATE 
PURCHASE AND CONTRACT REQUIREMENTS, with a favorable report. 

S.B. 878, A BILL TO BE ENTITLED AN ACT TO ALLOW CERTAIN 
NONPROFIT WATER CORPORATIONS TO BE ELIGIBLE FOR REVOLVING 
LOANS AND GRANTS FROM THE DRINKING WATER TREATMENT 
REVOLVING LOAN FUND, with a favorable report. 

By Senator Lucas for the Children & Human Resources Committee: 

S.B. 934, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 
HANDICAPPED PERSONS PROTECTION ACT, CHAPTER 168A OF THE 
GENERAL STATUTES, with a favorable report. 

S.B. 927, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES 
NECESSITATED BY CHANGES IN FEDERAL LAW TO THE GENERAL 
STATUTES CONCERNING SERVICES FOR THE BLIND AND TO MAKE 
TECHNICAL CHANGES, with a favorable report. 

S.B. 998, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT MEMBERS 
APPOINTED TO THE CANCER CONTROL ADVISORY COMMITTEE FOR INITIAL 
TWO-YEAR TERMS MAY EACH BE REAPPOINTED FOR ONE ADDITIONAL 
FOUR- YEAR TERM, with a favorable report. 

By Senator Lee for the Education/Higher Education Committee: 

S.J.R. 795, A JOINT RESOLUTION SETTING THE DATE FOR THE HOUSE OF 
REPRESENTATIVES AND SENATE TO ELECT MEMBERS TO THE STATE 
BOARD OF COMMUNITY COLLEGES, with a favorable report. 

S.B. 739, A BILL TO BE ENTITLED AN ACT TO INCREASE THE NUMBER OF 
SCHOOL ADMINISTRATOR PROGRAMS THAT MAY BE ESTABLISHED BY THE 
BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA AND TO 
PROVIDE THAT ONE OF THOSE PROGRAMS SHALL BE AT NORTH CAROLINA 
AGRICULTURAL AND TECHNICAL STATE UNIVERSITY, with a favorable report. 

Pursuant to Rule 43, the bill is re-referred to the Appropriations/Base Budget 
Committee. 

S.B. 338, A BILL TO BE ENTITLED AN ACT TO GIVE CLASSROOM 
EXPERIENCE TO SCHOOL PERSONNEL WHO ARE CERTIFIED TEACHERS BUT 
ARE NOT CLASSROOM TEACHERS, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1718, which changes 
the title to read S.B. 338 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO GIVE CLASSROOM EXPERIENCE TO PROFESSIONAL PUBLIC SCHOOL 
EMPLOYEES WHO ARE NOT CLASSROOM TEACHERS, is adopted and engrossed. 

S.B. 898, A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES TO THE 

April 21, 1999 



388 SENATE JOURNAL [Session 

LAWS PERTAINING TO PUBLIC SCHOOL PERSONNEL, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 3784, which changes the 
title to read S.B. 898 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCREASE THE NUMBER OF DAYS WITHIN WHICH A BOARD OF EDUCATION 
MUST HOLD A TEACHER DISMISSAL HEARING, TO CLARIFY THAT THE 
SUPERINTENDENT'S DESIGNEE MAY BE PRESENT AT THE CASE MANAGER 
HEARING, TO ALLOW TIME FOR THE SUPERINTENDENT TO OBTAIN A COPY 
OF THE CASE MANAGER TRANSCRIPT, TO DECREASE THE NUMBER OF DAYS 
WITHIN WHICH THE SUPERINTENDENT MUST PROVIDE A LIST OF WITNESSES 
FOR A BOARD HEARING ON A REDUCTION IN FORCE, TO CHANGE THE DATE 
WHEN LOCAL BOARDS MUST NOTIFY TEACHERS WHETHER THEIR 
PROBATIONARY CONTRACTS HAVE BEEN RENEWED, TO REPEAL THE 
PROFESSIONAL PRACTICES BOARD, AND TO LIMIT THE NONINSTRUCTIONAL 
DUTIES ASSIGNED TO TEACHERS, is adopted and engrossed. 

By Senator Wellons for the Insurance Committee: 

S.B. 345, A BILL TO BE ENTITLED AN ACT TO REQUIRE THAT 
RECONSIDERATION AND APPEAL OF UTILIZATION REVIEW 
NONCERTIFICATION BE EVALUATED BY MEDICAL DOCTORS LICENSED TO 
PRACTICE IN THIS STATE, with a favorable report. 

S.B. 766, A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN PROVISIONS 
IN THE INSURANCE LAW APPLICABLE TO HOSPITAL, MEDICAL, AND 
DENTAL SERVICE CORPORATIONS AND TO HEALTH MAINTENANCE 
ORGANIZATIONS, with a favorable report. 

By Senator Cooper for the Judiciary I Committee: 

S.B. 769, A BILL TO BE ENTITLED AN ACT TO MODIFY THE ESSENTIAL 
ELEMENTS OF THE FELONY OFFENSE OF LARCENY OF GINSENG, with a 
favorable report. 

S.B. 297, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND 
OTHER CHANGES REGARDING LIMITED PARTNERSHIPS AND THE NORTH 
CAROLINA REVISED UNIFORM LIMITED PARTNERSHIP ACT, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 7663, which changes 
the title to read S.B. 297 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
TO MAKE TECHNICAL AND OTHER CHANGES REGARDING LIMITED 
PARTNERSHIPS AND THE NORTH CAROLINA REVISED UNIFORM LIMITED 
PARTNERSHIP ACT, TO CLARIFY THE LIMIT OF LIABILITY IN PROFESSIONAL 
ORGANIZATIONS, TO PROVIDE FOR THE REGISTRATION OF FOREIGN 
LIMITED LIABILITY PARTNERSHIPS, AND TO REQUIRE ANNUAL REPORTS 
BY LIMITED LIABILITY PARTNERSHIPS, is adopted and engrossed. 

S.B. 746, A BILL TO BE ENTITLED AN ACT TO CREATE THE NORTH 
CAROLINA STRUCTURED SETTLEMENT PROTECTION ACT, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

Pursuant to Rule 45.1, the proposed Committee Substitute bill 1707 is adopted and 
engrossed. 

April 21, 1999 



1999] SENATE JOURNAL 389 

With unanimous consent, upon motion of Senator Cooper, the Committee Substitute 
bill is placed on the Calendar for Monday, April 26. 

MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

Messages received in the Office of the Principal Clerk from the House of 
Representatives transmitting bills are presented to the Senate, read the first time, and 
disposed of, as follows: 

H.B. 95, A BILL TO BE ENTITLED AN ACT TO MODIFY THE CONSUMER 
FINANCE ACT TO INCREASE THE AMOUNT OF LOANABLE ASSETS 
REQUIRED BEFORE AN ENTITY IS LICENSED TO ENGAGE IN BUSINESS IN 
THE STATE, TO REVISE THE AMOUNT OF, AND MAXIMUM RATE OF 
INTEREST FOR, SMALL LOANS, TO ESTABLISH A LOAN PROCESSING FEE 
FOR CERTAIN LOANS, TO REPEAL OBSOLETE PROVISIONS OF LAW, AND TO 
MAKE CONFORMING CHANGES. 

Referred to Judiciary II Committee and upon a favorable report re-referred to the 
Finance Committee. 

H.B. 236 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW REGARDING THE BAITING OF ANIMALS AND TO MAKE 
CORRECTIONS IN THE LAW REGARDING THE MANDATORY SUSPENSION OF 
HUNTING LICENSES AND PERMITS. 

Referred to Agriculture/Environment/Natural Resources Committee. 

H.B. 239 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW GOVERNING PROPERTY TRANSFERS BETWEEN COMMUNITY 
COLLEGE BOARDS OF TRUSTEES AND COUNTIES FOR COMMUNITY 
COLLEGE PURPOSES. 

Referred to Finance Committee. 

H.B. 244 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO ADD A 
STUDENT MEMBER TO THE STATE BOARD OF COMMUNITY COLLEGES. 
Referred to Education/Higher Education Committee. 

H.B. 260 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
UPDATE AND MAKE TECHNICAL CHANGES TO THE COMMUNITY COLLEGE 
LAWS. 

Referred to Education/Higher Education Committee. 

H.B. 296 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REPEAL 
OBSOLETE OR UNNECESSARY LAWS AND MAKE TECHNICAL AND 
CLARIFYING AMENDMENTS AND CORRECTIONS IN VARIOUS INSURANCE 
STATUTES. 

Referred to Insurance Committee. 

H.B. 303 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAWS RELATING TO COMMERCIAL VEHICLE HIGHWAY SAFETY AND 
WORK ZONE SAFETY. 

Referred to Transportation Committee. 

H.B. 304 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 

April 21, 1999 



390 SENATE JOURNAL [Session 

PROVIDE CRIMINAL PENALTIES FOR FRAUDULENT MISREPRESENTATION 
INVOLVING CHILD CARE SUBSIDIES AND TO PROVIDE COUNTIES A 
FINANCIAL INCENTIVE TO INVESTIGATE AND PURSUE FRAUD IN CHILD 
CARE PAYMENTS. 

Referred to Judiciary II Committee. 

H.B. 477 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
AUTHORIZE THE ESTABLISHMENT OF CAMPUS LAW ENFORCEMENT 
AGENCIES AT COMMUNITY COLLEGES 

Referred to Judiciary II Committee. 

H.B. 478 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO CREATE 
THE CRIMINAL OFFENSE OF THREATENING JUDGES, DISTRICT ATTORNEYS, 
AND OTHER COURT OFFICERS. 

Referred to Judiciary II Committee. 

H.B. 684 (Committee Substitute), A BILL TO BE ENTITLED AN ACT 
AUTHORIZING THE TOWNS OF APEX, CARY, GARNER, AND MORRISVILLE TO 
ADOPT ORDINANCES REGULATING REMOVAL, REPLACEMENT, AND 
PRESERVATION OF TREES AND SHRUBS WITHIN THE TOWNS AND THE 
TOWNS* EXTRATERRITORIAL PLANNING JURISDICTION. 

Referred to State and Local Government Committee. 

H.B. 707, A BILL TO BE ENTITLED AN ACT AMENDING THE CHARTER OF 
THE TOWN OF BROADWAY TO ALLOW THE TOWN TO OPERATE UNDER A 
COUNCIL-MANAGER FORM OF GOVERNMENT. 

Referred to State and Local Government Committee. 

H.B. 749 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE DISTRIBUTION OF THE NET PROFITS FROM THE SALE OF 
ALCOHOLIC BEVERAGES BY THE CITY OF BELMONT LOCAL ABC SYSTEM. 

Referred to State and Local Government Committee. 

H.B. 797, A BILL TO BE ENTITLED AN ACT EXEMPTING CERTAIN STATE 
PROPERTY FROM FIRE PROTECTION FEES IMPOSED BY UNION COUNTY. 
Referred to Finance Committee. 

H.B. 802, A BILL TO BE ENTITLED AN ACT ALLOWING THE CITY OF 
DURHAM TO CONSIDER LIMITATIONS ON USES AS REQUESTED IN THE 
DEVELOPMENT PLANS SUBMITTED FOR REZONINGS AND TO MAKE OTHER 
CHANGES REGARDING THE CONSIDERATION OF DEVELOPMENT PLANS. 

Referred to State and Local Government Committee. 

H.B. 803, A BILL TO BE ENTITLED AN ACT TO PROVIDE DURHAM COUNTY 
WITH ADDITIONAL OPTIONS FOR SERVICE OF PROCESS IN ZONING CODE 
CASES. 

Referred to State and Local Government Committee. 

H.B. 821, A BILL TO BE ENTITLED AN ACT TO RELOCATE THE NORTH 
CAROLINA GOVERNMENT COMPETITION COMMISSION FROM THE 
DEPARTMENT OF COMMERCE TO THE OFFICE OF STATE BUDGET 

April 21, 1999 



1 999] SENATE JOURNAL 391 

AND MANAGEMENT. 

Referred to State and Local Government Committee. 

H.B. 848 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
SUSPEND THE CHARTER SCHOOL APPLICATION DEADLINES FOR THE 
ROCKINGHAM COUNTY CONSOLIDATED SCHOOLS FOR THE 1999-2000 
SCHOOL YEAR. 

Referred to Education/Higher Education Committee. 

H.B. 863, A BILL TO BE ENTITLED AN ACT TO INCORPORATE THE TOWN 
OF ST. JAMES. 

Referred to Rules and Operations of the Senate Committee. 

H.B. 908, A BILL TO BE ENTITLED AN ACT TO CREATE THE OFFENSE OF 
ROBBERY WITH A CHEMICAL AGENT. 
Referred to Judiciary I Committee. 

The President relinquishes the gavel to Senator Bas night, President Pro Tempore, who 
presides in the absence of the Lieutenant Governor. 

CALENDAR (Continued) 

A bill on the Calendar, carried forward as unfinished business from Tuesday, April 20, 
is taken up and disposed of, as follows: 

S.B. 29 (House Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCREASE THE EXAMINATION FEES COLLECTED UNDER THE COSMETIC 
ART ACT, for concurrence in the House Committee Substitute bill, upon second reading. 

The Senate fails to concur in the House Committee Substitute bill (1-49). Senator 
Ballance offers a motion that the Senate appoint conferees, which motion prevails. The 
President Pro Tempore takes the appointment of conferees under advisement. 

Bills on today's Calendar are taken up and disposed of, as follows: 

S.B. 314 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
INCORPORATE THE TOWN OF MINERAL SPRINGS, upon second reading. 

' The Committee Substitute bill passes its second reading by roll-call vote, ayes 50, 
noes 0, as follows: 

Voting in the affirmative: Senators Albertson, Allran, Ballance, Ballantine, Basnight, 
Carpenter, Carrington, Carter, Clodfelter, Cochrane, Cooper, Dalton, Dannelly, East, 
Forrester, Foxx, Garrou, Garwood, Gulley, Hagan, Harris, Hartsell, Horton, Hoyle, 
Jordan, Kerr, Kinnaird, Lee, Lucas, Martin of Pitt, Martin of Guilford, Metcalf, Miller, 
Moore, Odom, Perdue, Phillips, Plyler, Purcell, Rand, Reeves, Robinson, Rucho, Shaw of 
Cumberland, Shaw of Guilford, Soles, Warren, Webster, Weinstein, and Wellons — 50. 

Voting in the negative: None. 

The Committee Substitute bill is ordered placed on the Calendar for tomorrow, 
Thursday, April 22, upon third reading. 

S.B. 56 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO REPEAL 
THE SUNSET REGARDING THE AUTHORITY OF LOCAL GOVERNMENTAL 
UNITS TO ENTER INTO GUARANTEED ENERGY SAVINGS CONTRACTS FOR 
LOCAL PUBLIC FACILITIES AND TO EXTEND THE CURRENT MAXIMUM 

April 21, 1999 



392 SENATE JOURNAL [Session 

DURATION OF THESE CONTRACTS. 

The Committee Substitute bill passes its second (47-3) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 109, A BILL TO BE ENTITLED AN ACT TO REQUIRE MORE SPECIFIC 
DISCLOSURE OF LOBBYING. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 130, A BILL TO BE ENTITLED AN ACT TO ELIMINATE THE SUNSET ON 
USING SAVED EMPLOYER FICA CONTRIBUTIONS TO PAY THE 
ADMINISTRATIVE EXPENSES OF THE FLEXIBLE BENEFITS PROGRAM. 

With unanimous consent, upon motion of Senator Wellons, the bill is withdrawn from 
today's Calendar and is placed on the Calendar for Tuesday, April 27. 

S.B. 365, A BILL TO BE ENTITLED AN ACT TO REPEAL CERTAIN OBSOLETE 
AGRICULTURAL STATUTES. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 484 (Committee Substitute), A BILL TO BE ENTITLED AN ACT CHANGING 
THE METHOD OF CALCULATING THE RATIO OF PROPERTY TAX 
COLLECTIONS TO THE TOTAL LEVY FOR LOCAL GOVERNMENT BUDGETING 
PURPOSES RELATING TO THE REGISTERED MOTOR VEHICLE TAX. 

The Committee Substitute bill passes its second (50-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 660 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO AMEND 
THE LAW GOVERNING LIMITED LIABILITY COMPANIES TO CLARIFY 
CERTAIN DEFINITIONS OF TERMS, TO PROVIDE MORE FLEXIBILITY WITH 
REGARD TO ORGANIZERS, TO CLARIFY THAT THE FILING OF THE ARTICLES 
OF ORGANIZATION IS CONCLUSIVE EVIDENCE OF THE FORMATION OF A 
COMPANY, TO REVISE THE CIRCUMSTANCES AND RESTRICTIONS 
REGARDING FORMATION OF A COMPANY, TO PROVIDE FOR THE INDEXING 
OF REAL ESTATE RECORDS TO REFLECT MERGERS AND CONVERSIONS OF 
BUSINESS ENTITIES, TO ALLOW ALTERNATIVE MANAGEMENT 
STRUCTURES, TO PROVIDE FOR WITHDRAWAL FROM A COMPANY ONLY AS 
PERMITTED BY THE ARTICLES OF ORGANIZATION OR WRITTEN OPERATING 
AGREEMENT, TO REVISE THE PERMITTED GROUNDS FOR DISSOLUTION, 
AND TO CLARIFY THAT A COMPANY MAY ENGAGE IN A BUSINESS UNDER 
AN ASSUMED NAME. 

The Committee Substitute bill passes its second (50-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 777 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE REGULATION OF CERTAIN EXCAVATION AND GRADING 
ACTIVITIES UNDER THE SEDIMENTATION POLLUTION CONTROL ACT OF 
1973 INSTEAD OF THE MINING ACT OF 1971. 

The Committee Substitute bill passes its second (50-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 790, A BILL TO BE ENTITLED AN ACT TO CLARIFY WHICH LENDERS 
April 21, 1999 



1999] SENATE JOURNAL 393 

MAY CHARGE CERTAIN FEES UNDER THE GENERAL CONTRACT LOAN 
PROVISION OF CHAPTER 24 OF THE GENERAL STATUTES 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 796, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE STATE 
LICENSING BOARD FOR GENERAL CONTRACTORS TO OWN REAL PROPERTY 
AND TO PURCHASE EQUIPMENT AND LIABILITY INSURANCE. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 871, A BILL TO BE ENTITLED AN ACT TO AMEND THE LAW 
REGARDING THE OBLIGATION OF DECEDENTS' ESTATES FOR FUNERAL 
EXPENSES AND RELATED EXPENSES. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 921, A BILL TO BE ENTITLED AN ACT TO ALLOW JUDGMENT BY 
DEFAULT TO BE ENTERED BY THE JUDGE WITHOUT A HEARING SUBJECT 
TO CERTAIN CONDITIONS. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 939, A BILL TO BE ENTITLED AN ACT TO REVISE THE REQUIREMENTS 
OF BANK DIRECTORS, TO CONFORM CERTAIN NORTH CAROLINA BANKING 
LAWS TO FEDERAL BANKING REGULATIONS, AND TO REMOVE THE SUNSET 
PROVISION WITH REGARD TO DE NOVO INTERSTATE BRANCH BANKING. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1018, A BILL TO BE ENTITLED AN ACT CONCERNING MARRIAGE 
LAWS. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 1019, A BILL TO BE ENTITLED AN ACT TO CLARIFY THE AUTHORITY 
OF LAND SURVEYORS TO ENTER ON LAND. 

The bill passes its second (50-0) and third readings and is ordered sent to the House of 
Representatives. 

S.B. 241 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO MAKE 
TECHNICAL CORRECTIONS TO THE GENERAL STATUTES REGARDING CHILD 
CARE, TO REPEAL SECTION 4(B) OF S.L. 1997-506, AND TO MAKE CHANGES 
REGARDING THE TRAINING MATERIALS THAT MAY BE USED BY CHILD 
CARE FACILITIES. 

Senator Webster offers Amendment No. 1 which is adopted (50-0). 

The Committee Substitute bill, as amended, passes its third reading (42-7) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 348 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROHIBIT THE MISUSE OF LASER DEVICES. 

The Committee Substitute bill passes its third reading (42-7) and is ordered sent to the 

April 21, 1999 



394 SENATE JOURNAL [Session 

House of Representatives. 

S.B. 526 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE FOR THE MODIFICATION AND TERMINATION OF IRREVOCABLE 
TRUSTS. 

Senator Kerr offers Amendment No. 1 which is adopted (50-0). 

The Committee Substitute bill, as amended, passes its third reading (42-8) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 568, A BILL TO BE ENTITLED AN ACT TO PERMIT COUNTY BOARDS 
OF ELECTIONS TO DESIGNATE ADDITIONAL SITES FOR ONE-STOP 
ABSENTEE VOTING. 

Senator Rucho offers Amendment No. 1 which is adopted (50-0). 

Senator Rucho offers Amendment No.2. 

Senator Webster offers a motion that the Senate adjourn. The motion fails to 
prevail (15-34). 

Senator Miller calls the previous question on Amendment No. 2 and on the bill, as 
amended, seconded by Senator Jordan. The call is sustained (35-15). 

Amendment No. 2 offered by Senator Rucho fails of adoption (15-35). 

The bill, as amended, passes its third reading (35-15) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 767 (Committee Substitute), A BILL TO BE ENTITLED AN ACT TO 
PROVIDE A ONE-YEAR WAITING PERIOD BEFORE FORMER LEGISLATORS 
MAY BECOME LOBBYISTS. 

The Committee Substitute bill passes its third reading (46-4) and is ordered sent to the 
House of Representatives. 

INTRODUCTION OF A RESOLUTION 

A resolution filed for introduction is presented to the Senate, read the first time, and 
disposed of, as follows: 

By Senator Lee: 

S.J.R. 1169, A JOINT RESOLUTION HONORING THE MEMORY OF DR. 
DENISON OLMSTED, THE FIRST NORTH CAROLINA STATE GEOLOGIST ON 
THE ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY OF THE NORTH 
CAROLINA GEOLOGICAL SURVEY. 

Referred to Rules and Operations of the Senate Committee. 

COMMITTEE REFERRAL RECALL 

S.B. 542, A BILL TO BE ENTITLED AN ACT RELATING TO THE 
GOVERNANCE OF FORSYTH COUNTY, referred to the Rules and Operations of the 
Senate Committee on March 29. 

Pursuant to Rule 47(a), Senator Rand offers a motion that the bill be withdrawn from 
the Rules and Operations of the Senate Committee and re-referred to the Finance 
Committee, which motion prevails with unanimous consent. 

The Chair orders the bill withdrawn from the Rules and Operations of t